Calloway v. Carpenter
Supreme Court of Alabama
Error to the Circuit Court of Randolph, Tiiespass, by the plaintiff, against the denfendants in error. The defendant, Carpenter, as sheriff, had taken the horse of the plaintiff upon an attachment, which it was proved was a work horse, and the only one which the plaintiff had in his possession, t the time, and that he had a family residing in in the State.
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Error to the Circuit Court of Randolph, Tiiespass, by the plaintiff, against the denfendants in error. The defendant, Carpenter, as sheriff, had taken the horse of the plaintiff upon an attachment, which it was proved was a work horse, and the only one which the plaintiff had in his possession, t the time, and that he had a family residing in in the State. It further appeared from the evidence, that about six months previous to the alledged trespass, plaintiff had in his possession a wagon, and team of mules, which had about the month of September, 1843, passed imto the hands of plaintiff’s…
1Opinion of the CourtPrmond, J.
In our opinion, the court' erred in both of *503the charges given. The statute exempting certain articles from levy or sale, by execution, for the use of the family, was designed by the legislature for the benefit of the family, ahd has always received the most liberal construction, to effectuate the manifest intent of its enactment. [Watson v. Simpson, 5 Ala. 233.] The plain design of the legislature was, as far as practicable, to secure to the use of the family the exempt articles, against the improvidence or folly of the head of the family. His fraudulent conduct, as it respects the rest of…
2Cases cited1 opinion
- Watson v. SimpsonSupreme Court of Alabama · 1843
3Cited by4 opinions
- Elder v. WilliamsNevada Supreme Court · 1882
- Alabama Conference v. VaughanSupreme Court of Alabama · 1875
- Crothers v. Heirs of RossSupreme Court of Alabama · 1850
- Gamble v. ReynoldsSupreme Court of Alabama · 1868