Legal Opinion

Tanner v. Billings

Wisconsin Supreme Court

Decided January 15, 1864PublishedCited by 2 opinions

APPEAL from the Circuit Court for Jefferson County. The defendants, as sheriff and deputy sheriff of said county, had seized a piano belonging to the plaintiff, under a writ of attachment against his property. This action was brought to recover the value of the instrument. A stipulation was filed containing an agreed statement of the facts, and the only question presented was that stated by this court.

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APPEAL from the Circuit Court for Jefferson County. The defendants, as sheriff and deputy sheriff of said county, had seized a piano belonging to the plaintiff, under a writ of attachment against his property. This action was brought to recover the value of the instrument. A stipulation was filed containing an agreed statement of the facts, and the only question presented was that stated by this court. The circuit court held that the piano was not exempt, and rendered judgment for the defendants, from which the plaintiff appealed. cited the definitions of “furniture” in Webster’s Dictionary…

1Opinion of the Court

By the Court,

PAINE, J,

The statute exempting personal property from sale on execution, after specifying certain articles of household furniture, adds the following: “ and all other household furniture not herein enumerated, not exceeding two hundred dollars in value.” The question presented in this *165case is, whether, under this provision, the debtor may hold exempt as furniture a piano of less value than two hundred dollars. We think that he cannot. For although a piano more nearly resembles some articles of furniture than most other musical instruments do, and although it may be used at times…

2Cited by2 opinions

  1. Cook v. FullerSupreme Court of Oklahoma · 1913
  2. Kehl v. DunnMichigan Supreme Court · 1894

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