Legal Opinion

In re Jones

District Court, E.D. Wisconsin

Decided November 18, 1899PublishedCited by 6 opinions

In Bankruptcy. The referee certifies a question of exemption claimed by the bankrupt, of “one gold watch, chain, and charm,” and of “a certain uniform and paraphernalia,” further described as a “Masonic uniform.”

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In Bankruptcy. The referee certifies a question of exemption claimed by the bankrupt, of “one gold watch, chain, and charm,” and of “a certain uniform and paraphernalia,” further described as a “Masonic uniform.” The certificate states that “the watch and chain were carried upon the person, in the mode of ordinary usage,” and that “the Masonic uniform was not used as ordinary or usual wearing apparel,” and that the referee held the articles not exempt, and ordered their delivery to the trustee.

1Opinion of the Court

SEAMAN, District Judge.

The question certified is one of difficulty, in the absence of any definition by the supreme court of Wisconsin of the term wearing apparel as employed in the statute (Rev. St. § 2982) exempting “all wearing apparel of the debtor and his family,” and in view of the diversity of decisions in other jurisdictions on the inquiry whether a gold or silver watch is included in such designation of exemptions. See cases pro and con collated in 12 Am. & Eng. Enc. Law (2d Ed.) 117, 118. The bankruptcy act adopts the exemptions of the state statute, which includes their…

2Cases cited7 opinions

  1. Sellers v. BellCourt of Appeals for the Fifth Circuit · 1899
  2. Stewart v. McClungOregon Supreme Court · 1885
  3. Cunningham v. BrictsonWisconsin Supreme Court · 1898
  4. Heath v. KeyesWisconsin Supreme Court · 1874
  5. In re SteeleDistrict Court, W.D. Tennessee · 1879

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

3Cited by6 opinions

  1. In Re Estate of MillingtonCalifornia Court of Appeal · 1923
  2. In Re MimsUnited States Bankruptcy Court, E.D. North Carolina · 1985
  3. In re H. L. Evans & Co.District Court, D. Delaware · 1907
  4. Southern Irr. Co. v. Wharton Nat. BankCourt of Appeals of Texas · 1912
  5. Coffinberry v. MaddenIndiana Court of Appeals · 1903

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

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