Fink v. O'Neil
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the' Eastern District of Wisconsin. This is a bill in equity filed by O’Neil praying for a per•petual injunction to restrain Fink, the then marshal of the United States for the Eastern District of Wisconsin, from further proceeding under a ji. fa., issued, upon a judgment ren- ■ dered in favor of the United States - in the District Court for that district, against the complainant and others, and which had been levied on…
Read the full summary
Appeal from the Circuit Court of the United States for the' Eastern District of Wisconsin. This is a bill in equity filed by O’Neil praying for a per•petual injunction to restrain Fink, the then marshal of the United States for the Eastern District of Wisconsin, from further proceeding under a ji. fa., issued, upon a judgment ren- ■ dered in favor of the United States - in the District Court for that district, against the complainant and others, and which had been levied on real estate alleged to be his homestead, and exempt under the laws of that State from sale on execution. The premises…
1Opinion of the CourtJustice Matthews
The statutory provision in relation to homesteads was enacted by Wisconsin in express compliance with a constitutional injunction, wherein it is declared, in the seventeenth section of the Bill of Rights, that “ the privilege of the debtor to enjoy the necessary Comforts of life shall be recognized by wholesome laws.” Phelps v. Rooney, 9 Wis. 70, 83.
It has been the constant policy of the State in this legislation, as construed by many decisions of its Supreme Court, to favor by liberal interpretations the exemptions in favor of the debtor. “ For it cannot be denied,” says that court, in…
2Cases cited15 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Cary v. CurtisSupreme Court of the United States · 1845
- James v. CampbellSupreme Court of the United States · 1882
- Gunn v. BarrySupreme Court of the United States · 1873
- Bank of the United States v. HalsteadSupreme Court of the United States · 1825
10 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- United States v. BessSupreme Court of the United States · 1958
- Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
- United States v. YazellSupreme Court of the United States · 1966
- United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
- United States v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of the United States · 1918
97 more not listed; retrieve them via the Exa API.