Legal Opinion

Curtis v. O'Brien

Supreme Court of Iowa

Decided June 9, 1866PublishedCited by 29 opinions

Appeal from Jaclcson District Court. Action of replevin for a horse. David Sears recovered a judgment before a justice of the peace, against this plaintiff, M. M. Curtis. The judgment was in the usual form, and was rendered upon a note made by Curtis to Scars, which contained the words “without the benefit of exemption laws or stay of execution.” The defendant, O’Brien, was a constable, and under aii execution issued upon said judgment, seized the horse in controversy.

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Appeal from Jaclcson District Court. Action of replevin for a horse. David Sears recovered a judgment before a justice of the peace, against this plaintiff, M. M. Curtis. The judgment was in the usual form, and was rendered upon a note made by Curtis to Scars, which contained the words “without the benefit of exemption laws or stay of execution.” The defendant, O’Brien, was a constable, and under aii execution issued upon said judgment, seized the horse in controversy. It was admitted that the -horse was exempt from execution, unless the waiver in the note made him liable. The District Court…

1Opinion of the CourtCole, J.

I. Execuero?exemption' This transcript presents hut a single question, and that is, whether a waiver of the exemption laws, contained in a note, will, when a judgment is obtained 7 7 o o uPon sac‘1 noteJ entli;le the plaintiff therein to-have his execution levied upon the property exempt from execution by the general laws of the State ?

*377Our statute provides that certain “ property (naming it) of private individuals is exempt from execution.”. Rev., §3304. And if Ike debtor is the head of a family, there is a still further exemption provided for, including a homestead. § 3305. The justice,…

2Cases cited6 opinions

  1. Kneettle v. . NewcombNew York Court of Appeals · 1860
  2. Woodward v. MurrayNew York Supreme Court · 1820
  3. State ex rel. Haven v. MelogueIndiana Supreme Court · 1857
  4. M'Kinney v. ReaderSupreme Court of Pennsylvania · 1837
  5. Maxwell v. ReedWisconsin Supreme Court · 1859

1 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  2. Mayhugh v. CoonSupreme Court of Pennsylvania · 1975
  3. Hancock v. YadenIndiana Supreme Court · 1890
  4. Carter's Administrators v. CarterSupreme Court of Florida · 1884
  5. Recht v. KellyIllinois Supreme Court · 1876

24 more not listed; retrieve them via the Exa API.

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