Legal Opinion · Dissent

McMullen v. Shields

Montana Supreme Court

Decided February 2, 1934No. 7,186Published

1Dissent

Now that Chapter 120, Laws of 1933, is in force, this case can be of little consequence to any but the litigants; but it should be decided correctly.

The plaintiff is a married woman, operating a farm jointly with her husband. She owns the automobile. It seems that she is the head of a family "within the meaning and provisions of the exemption laws." As stated in the majority opinion, the only question presented is whether, under the facts, the automobile was exempt from execution under section 9428, Revised Codes 1921. The question would be easily answered if we refrained from legislation,…

2Cases cited26 opinions

  1. McCluskey v. . CromwellNew York Court of Appeals · 1854
  2. In re the Estate of JessupCalifornia Supreme Court · 1889
  3. Green v. WellerMississippi Supreme Court · 1856
  4. Cruse v. FischlMontana Supreme Court · 1918
  5. Cooke v. Holland Furnace Co.Michigan Supreme Court · 1918

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