Elliot v. Hall
Idaho Supreme Court
APPEAL from District Court, Elmore County. The fundamental principle and general rule for interpreting statutes granting exemptions is that they, being in furtherance of humanity and the protection of the family, should be liberally construed. (Freeman on Executions, see. 208; Estate of McManus, 87 Cal. 292, 22 Am. St. Eep. 250, and note, 25 Pac. 413; Montague v. Richardson, 24 Conn. 347, 63 Am. Dec. 173; Kuntz v. Kinney, 33 Wis. 514; Kenyon v. Baker, 16 Mich. 373, 97 Ain.
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APPEAL from District Court, Elmore County. The fundamental principle and general rule for interpreting statutes granting exemptions is that they, being in furtherance of humanity and the protection of the family, should be liberally construed. (Freeman on Executions, see. 208; Estate of McManus, 87 Cal. 292, 22 Am. St. Eep. 250, and note, 25 Pac. 413; Montague v. Richardson, 24 Conn. 347, 63 Am. Dec. 173; Kuntz v. Kinney, 33 Wis. 514; Kenyon v. Baker, 16 Mich. 373, 97 Ain. Dee. 158; Bevan v. Hayden, 13 Iowa, 122.) It cannot be claimed that this was a fraudulent conveyance of property, for…
1Opinion of the CourtHuston, J.
The plaintiff was a miner in the employ pf the Comfort Consolidated Mining Company. A judgment had been recovered against him in justice’s court. Execution was issued thereon, and levied upon a certain sum of money in the hands of one Trevitic. There is no question but that the money so levied upon was the wages of the plaintiff, earned within the thirty days next preceding the date of the levy. Trevitic had drawn the same from the company at the request of plaintiff, and held it for him. Trevitic stated to the officer making the levy (J. N. Hall, the principal defendant) that plaintiff owed…
2Cases cited8 opinions
- Rutter v. ShumwaySupreme Court of Colorado · 1891
- In re Estate of McManusCalifornia Supreme Court · 1890
- Bevan v. HaydenSupreme Court of Iowa · 1862
- Derby v. WeyrichNebraska Supreme Court · 1879
- Kenyon v. BakerMichigan Supreme Court · 1868
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3Cited by5 opinions
- Patten Package Co. v. HouserSupreme Court of Florida · 1931
- McMillan v. United States Fire InsuranceIdaho Supreme Court · 1929
- Aslett v. EvansIdaho Supreme Court · 1929
- Cleveland v. AndrewsIdaho Supreme Court · 1896
- Tressler v. LuntSuperior Court of Delaware · 1932