Allen v. Thompson
Supreme Court of Vermont
Trespass for a barber’s chair and foot-rest. Plea, the general issue, with notice of justification. Trial by the court, December term, 1872, Barrett, J., presiding. It was conceded that the plaintiff was entitled to recover, unless the articles sued for were subject to attachment and execution. It was aláo conceded that the justification was made out, unless the articles were exempt from attachment and execution under the statute.
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Trespass for a barber’s chair and foot-rest. Plea, the general issue, with notice of justification. Trial by the court, December term, 1872, Barrett, J., presiding. It was conceded that the plaintiff was entitled to recover, unless the articles sued for were subject to attachment and execution. It was aláo conceded that the justification was made out, unless the articles were exempt from attachment and execution under the statute. The only question was, whether they were so exempt. The plaintiff was, at the time the articles were attached, and for sixteen months had been, a barber in Ludlow…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The only question raised by the exceptions is, whether a barber’s chair and foot-rest are exempt from attachment and levy of execution, under the provisions of the statute which exempts “ such suitable tools,” &c., as are “ necessary for upholding life.” The case finds that the articles are necessary for the barber to use in carrying on his business. The only question then, is, are they tools within the meaning of the statute ? Under the rule laid down by the court in Spooner v. Fletcher, 3 Vt. 133, relied upon by the defendant, we think the…
2Cases cited1 opinion
- Spooner v. FletcherSupreme Court of Vermont · 1830
3Cited by12 opinions
- In re Estate of McManusCalifornia Supreme Court · 1890
- Betz v. MaierCourt of Appeals of Texas · 1896
- Campbell v. Honaker's HeirsCourt of Appeals of Texas · 1914
- Quiñones v. GutiérrezSupreme Court of Puerto Rico · 1921
- Laguna v. QuiñonesSupreme Court of Puerto Rico · 1916
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