Rice v. Wadsworth
Supreme Court of New Hampshire
Trespass, for taking a horse, team wagon, dump-cart, sled, and a pair of team harnesses. Facts found by a referee. The defendant, as a deputy sheriff, attached and sold the property upon a writ against the plaintiff, who was temporarily absent from the state at the time of the attachment, but returned and demanded the property of the defendant before the sale, claiming it as exempt from attachment. The plaintiff’s occupation was teaming.
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Trespass, for taking a horse, team wagon, dump-cart, sled, and a pair of team harnesses. Facts found by a referee. The defendant, as a deputy sheriff, attached and sold the property upon a writ against the plaintiff, who was temporarily absent from the state at the time of the attachment, but returned and demanded the property of the defendant before the sale, claiming it as exempt from attachment. The plaintiff’s occupation was teaming. The horse was required for his teaming purposes, and the other chattels attached and sold were kept and used by him in his occupation. All the tools owned by…
1Opinion of the CourtClark, J.
If the property claimed by the plaintiff was exempt from attachment, his temporary absence from the state -did not deprive him of the exemption. Wilkinson v. Alley, 45 N. H. 551; Caswell v. Keith, 12 Gray 351; Pierce v. Gray, 7 Gray 69; Webster v. Orne, 45 Vt. 40.
' . The horse, being required for the plaintiff’s teaming purposes, was exempt. Somers v. Emerson, 58 N. H. 48. The question, whether certain of the plaintiff’s chattels were exempt as tools of his occupation, is a mixed question of law and fact. Regard must be had to the nature and character of the debtor’s occupation in determining…
2Cases cited6 opinions
- Patten v. SmithSupreme Court of Connecticut · 1823
- Amend v. MurphyIllinois Supreme Court · 1873
- Webster v. OrneSupreme Court of Vermont · 1872
- Baker v. WillisMassachusetts Supreme Judicial Court · 1877
- Garrett v. PatchinSupreme Court of Vermont · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Towne v. MarshallSupreme Court of New Hampshire · 1887