Legal Opinion

Hammersmith v. Avery

Nevada Supreme Court

Decided January 15, 1884No. 1163PublishedCited by 9 opinions

Appeal from the District Court of the Seventh Judicial District, Washoe County. The following instructions, in addition to the one in the head notes, were given on the part of plaintiff: 1. “The plaintiff- claims certain personal property as exempt, as a barber, and I therefore instruct you that the tools and implements of a mechanic or artisan necessary to carry on his trade are exempt from execution, and if the defendant * * * took the same from the plaintiff, then he was…

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Appeal from the District Court of the Seventh Judicial District, Washoe County. The following instructions, in addition to the one in the head notes, were given on the part of plaintiff: 1. “The plaintiff- claims certain personal property as exempt, as a barber, and I therefore instruct you that the tools and implements of a mechanic or artisan necessary to carry on his trade are exempt from execution, and if the defendant * * * took the same from the plaintiff, then he was a trespasser and liable to him for all damages that were the direct result of such acts.” 2. “ The-statute of exemption…

1Opinion of the Court

By the Court,

Belknap, J.:

The defendant, the constable of Heno township, took in execution the implements of trade of the plaintiff, a barber, who claimed them to be exempt from levy and sale. This action was brought to recover damages for the taking, and also for the interruption to plaintiff’s business. Plaintiff recovered judgment; defendant appeals therefrom and from an order denying a motion for a new trial.

In order to establish the damages resulting to the plaintiff by reason of the interruption to his business, the court allowed him to prove, against defendant’s objections, the…

2Cases cited3 opinions

  1. Lonkey v. WellsNevada Supreme Court · 1881
  2. Perkins v. PeopleMichigan Supreme Court · 1873
  3. Corbin v. AdamsMassachusetts Supreme Judicial Court · 1850

3Cited by9 opinions

  1. Reynolds v. LincolnCalifornia Supreme Court · 1886
  2. Hardin v. EmmonsNevada Supreme Court · 1898
  3. Gardner v. GardnerNevada Supreme Court · 1896
  4. State v. Nevada Central RailroadNevada Supreme Court · 1905
  5. Findel v. ChesterWashington Supreme Court · 1932

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