Legal Opinion

Kimball v. Jones

Supreme Court of Minnesota

Decided July 19, 1889PublishedCited by 4 opinions

Plaintiff recovered judgment against defendant for $22.85 in a justice’s court in Hennepin county. A transcript was docketed in the ■district court, and execution issued from that court and returned unsatisfied. In proceedings supplementary to execution the debtor disclosed that he owned a vehicle described as “a two-seated upholstered •one-horse carriage, built and used for easy riding only.

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Plaintiff recovered judgment against defendant for $22.85 in a justice’s court in Hennepin county. A transcript was docketed in the ■district court, and execution issued from that court and returned unsatisfied. In proceedings supplementary to execution the debtor disclosed that he owned a vehicle described as “a two-seated upholstered •one-horse carriage, built and used for easy riding only. Said carriage has fenders over the wheels and lamps attached to the front seat, and has a canopy top decorated with fringe. The bed of said •carriage is set on three springs, two behind and one in front,…

1Opinion of the CourtVanderburgh, J.

In Allen v. Coates, 29 Minn. 46, (11 N. W. Rep. 132,) this court held a light open buggy exempt from execution under our statutes, and the rule is stated generally, without any restriction or limitation in respect to the character or style of the vehicle, or the particular uses to which it might be applied by the debtor. That case governs this. In this case the “wagon” claimed to be exempt is a light two-seated carriage, used by the debtor “in riding to and from his work.” He may, however, at any time, find it for his interest to put it to other practical and useful purposes. It is manifest…

2Cases cited1 opinion

  1. Allen v. CoatesSupreme Court of Minnesota · 1882

3Cited by4 opinions

  1. Poznanovic v. MakiSupreme Court of Minnesota · 1941
  2. Edberg v. JohnsonSupreme Court of Minnesota · 1921
  3. Shadewald v. PhillipsSupreme Court of Minnesota · 1898
  4. Whitney v. WelnitzSupreme Court of Minnesota · 1922

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