Smith v. Chase
Supreme Judicial Court of Maine
ON EXCEPTIONS. EepleviN of one truck wagon, "to wit, one peddle cart.” Writ dated June 14, 1878. The facts sufficiently appear in the opinion. The case was submitted to the presiding judge, who held as a matter of law, that the property was a truck wagon, . and exempt from attachment by the statute.
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ON EXCEPTIONS. EepleviN of one truck wagon, "to wit, one peddle cart.” Writ dated June 14, 1878. The facts sufficiently appear in the opinion. The case was submitted to the presiding judge, who held as a matter of law, that the property was a truck wagon, . and exempt from attachment by the statute. To this ruling, the ■ defendant alleged and filed exceptions. cited: Webster’s and Worcester’s unabridged dictionaries; R. S., c. 81, § 59; 48 Maine, ■410; 53 Maine, 401; 49 Maine, 34; 56 Maine, 34; 56 Maine, ■538. cited: 6 Dane Ab. c. 196, art. 5; stat. 1821, c. 95, § 1; stat. 1838, c. 307; stat.…
1Opinion of the CourtBarrows, J.
The vehicle here replevied, is claimed by the plaintiff under a mortgage, from Frank E. Swanton, dated May .29, 1878, in which it is described as "a one horse peddle cart.” Defendant justifies the taking of the same, May 25, 1878, (four ■ days before the plaintiff’s title accrued) as the property of said :Swanton, by virtue of a writ of attachment, in his hands as sheriff of the county.
The justification must prevail, unless the vehicle was exempt from attachment under the 9th clause of § 59, c. 81, R. S., which places upon the list of exempted articles, "one plow, one cart or truck wagon, one…
2Cited by7 opinions
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- Inhabitants of Town of Amity v. INHABITANTS, ETC.Supreme Judicial Court of Maine · 1957
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