Weil v. Nevitt
Supreme Court of Colorado
Appeal from, the District Court of Arapahoe County. Action to recover treble damages for the seizure of exempt property.
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Appeal from, the District Court of Arapahoe County. Action to recover treble damages for the seizure of exempt property. The action is founded upon the following statutory provisions: “ The following property, when owned by any person being the head of a family and residing with the same, shall be exempt from levy and sale upon any execution or writ of attachment, or distress for rent, and such articles of property shall continue exempt while the family of such person are removing from one place of business to another within this state: * * * “ The tools and implements, or stock in trade, of…
1Opinion of the CourtJustice Elliott
*13Only a few of the matters assigned for error need to be noticed in this opinion.
1. Since this appeal was taken, the words “ stock in trade ” in the exemption statute have been held to apply to the merchant or shopkeeper, as well as the mechanic, and to include the stock of goods kept on sale by the merchant,.as well as the tools of the mechanic or miner. This question was thoroughly considered in an opinion prepared by Mr. Commissioner Pattison and approved by this court. The reasoning, of that opinion need not be repeated. See Martin v. Bond, 14 Colo. 466.
No matter what opinion individuals…
2Cases cited12 opinions
- City of Boulder v. NilesSupreme Court of Colorado · 1886
- Caldwell v. StephensSupreme Court of Missouri · 1874
- Denver & Rio Grande R'y Co. v. HendersonSupreme Court of Colorado · 1887
- Dyer v. McPheeSupreme Court of Colorado · 1882
- Horn v. ReitlerSupreme Court of Colorado · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Alta Investment Co. v. WordenSupreme Court of Colorado · 1898
- Lewis v. Hare (In Re Richards)United States Bankruptcy Court, D. Colorado · 2002
- In Re RadeDistrict Court, D. Colorado · 1962
- Rade v. Denver Public Schools Credit UnionDistrict Court, D. Colorado · 1962
- Seerie v. BrewerSupreme Court of Colorado · 1907
4 more not listed; retrieve them via the Exa API.