Mennell v. Wells
Montana Supreme Court
Appeal from District Court, Custer County; C. C. Burley, Judge. Action by Estella Mennell against H. R. Wells, as sheriff of Custer County. From a judgment for defendant, plaintiff appeals. It is a rule of statutory construction recognized in practically every jurisdiction that exemption statutes will be liberally construed. (18 Cyc. 1380, 1381; Ferguson v. Speith, 13 Mont. 487, 40 Am.
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Appeal from District Court, Custer County; C. C. Burley, Judge. Action by Estella Mennell against H. R. Wells, as sheriff of Custer County. From a judgment for defendant, plaintiff appeals. It is a rule of statutory construction recognized in practically every jurisdiction that exemption statutes will be liberally construed. (18 Cyc. 1380, 1381; Ferguson v. Speith, 13 Mont. 487, 40 Am. St. Rep. 459, 34 Pac. 1020.) It is also a general rule of construction that in construing statutes the court will ascertain the intention of the legislative assembly and the object of the statute. {Equitable…
1Opinion of the CourtChief Justice Brantly
Claim and delivery to recover possession of personal property consisting of horses, farming implements, etc., and for damages, for its detention. Prior to October 9, 1912, plaintiff ■and her husband, George D. Mennell, had been residing upon and farming a homestead in Custer county. They have two minor children of tender years. On the date mentioned, George D. Mennell abandoned his family, his whereabouts being thereafter unknown. The plaintiff continued to occupy the homestead and to farm it for the maintenance of herself and children, making use of the property in controversy herein for…
2Cases cited8 opinions
- Frazier v. SyasNebraska Supreme Court · 1880
- First International Bank v. LeeNorth Dakota Supreme Court · 1913
- McCarthy's AppealSupreme Court of Pennsylvania · 1871
- Watterson v. E. L. Bonner Co.Montana Supreme Court · 1897
- State ex rel. Scoville v. WilsonNebraska Supreme Court · 1891
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