Hettinger v. Wells
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Monroe county: E. C. Higbbe, Circuit Judge. Tbe defendant was a constable and this action was brought against him to recover tbe value of certain goods seized by him on execution, on tbe ground that tbe goods levied upon and sold were exempt property.
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Appeal from a judgment of tbe circuit court for Monroe county: E. C. Higbbe, Circuit Judge. Tbe defendant was a constable and this action was brought against him to recover tbe value of certain goods seized by him on execution, on tbe ground that tbe goods levied upon and sold were exempt property. Tbe plaintiff was a retail liquor dealer in tbe city of Tomab prior to July 1, 1914. He did not renew bis license at that time because tbe license fee bad been raised to $800, which be felt was more than be could afford to pay. When bis license expired be bad on band in stock of tbe trade goods and…
1Opinion of the CourtBarnes, J.
By sub. (8) of sec. 2982, Stats., tbe tools, implements, and stock in trade of any merchant, used or kept for tbe purpose of carrying on his trade or business, ar.e *642exempt from sale on execution to an amount not exceeding $200 in value.
This exemption does not extend to cases where the stock in trade is not actually used or kept for the purpose of carrying on the business in which the party has been engaged. Kennedy v. Baker, 3 Pin. 295; Spence v. Rambusch, 99 Wis. 676, 75 N. W. 950; Prince v. Hake, 75 Wis. 638, 640, 44 N. W. 825. Some authorities hold that the right to the exemption is not…
2Cases cited7 opinions
- Harris v. HaynesMichigan Supreme Court · 1874
- Van Lue v. Wahrlich-Cornett Co.California Court of Appeal · 1910
- Walsch v. CallWisconsin Supreme Court · 1873
- Cable v. HoolihanSupreme Court of Minnesota · 1906
- Prince v. HakeWisconsin Supreme Court · 1890
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