Sallee v. Waters
Supreme Court of Alabama
Error to the Circuit Court of Butler. Tried before the Hon. Nathan Cook. 1. The statute exempts from levy and sale “tools and implements of trade” belonging to heads of families. — Digest, 2.10, § 47. 2. What are “ tools or implements of trade,” can never be- ' come a pure question of law, but is a question of fact for the jury, under the charge of the court. This court cannot presume. that the printing press, &c. were tools or implements of trade.
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Error to the Circuit Court of Butler. Tried before the Hon. Nathan Cook. 1. The statute exempts from levy and sale “tools and implements of trade” belonging to heads of families. — Digest, 2.10, § 47. 2. What are “ tools or implements of trade,” can never be- ' come a pure question of law, but is a question of fact for the jury, under the charge of the court. This court cannot presume. that the printing press, &c. were tools or implements of trade. (In this record it is shown that Curtis was a printer, and that the press, type and materials were employed in printing a newspaper and job work;…
1Opinion of the CourtDargan, C. J.
This was a motion against the defendant as sheriff of Butler county for failing to make the money on an execution issued against James H. Curtis. A jury was empanelled to try the issue made up, whether the defendant could have made the money by proper diligence. They returned a special verdict, which shows that Curtis, the defendant in the execution, was a printer by trade, and during the time the execution was in the hands of the sheriff owned a newspaper establishment, consisting of a press, types, and other necessary articles and appendages for publishing and which he employed in the…
2Cases cited4 opinions
- Patten v. SmithSupreme Court of Connecticut · 1823
- Buckingham v. BillingsMassachusetts Supreme Judicial Court · 1816
- Allen v. ManasseSupreme Court of Alabama · 1843
- Abercrombie v. AldersonSupreme Court of Alabama · 1846
3Cited by19 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Aaron v. StateSupreme Court of Alabama · 1861
- P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
- Green v. RaymondTexas Supreme Court · 1882
- Wade v. JonesSupreme Court of Missouri · 1854
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