In re Moore
District Court, M.D. Alabama
In Bankruptcy. On review of decision of referee. 1-1. A. Moore was adjudicated a bankrupt on his own petition on October 1, 1901. He retimed no property except wearing apparel valued at $40, and a claim for wages to the amount of $95, which the trustee collected. The bankrupt claimed this property as exempt.
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In Bankruptcy. On review of decision of referee. 1-1. A. Moore was adjudicated a bankrupt on his own petition on October 1, 1901. He retimed no property except wearing apparel valued at $40, and a claim for wages to the amount of $95, which the trustee collected. The bankrupt claimed this property as exempt. Marcus & Ketcky proved notes against the bankrupt oí recent date, amounting to $102.89, which contained this-waiver: “I hereby waive all right which I may have under the constitution and laws of this or any other state to claim or hold any personal property exempt to me from levy and sale…
1Opinion of the Court
JONES, District Judge.
The ruling of Referee Stratton was induced by the decision in Re Garden, in the Southern division of the Northern district of Alabama, February io, 1899 (1 Nat. Bankr. N. 189, 93 Fed. 423). As my conclusion necessitates the overruling of that decision, it seems proper to consider the question at some length.
Section 1 of article 10 of the constitution of Alabama, provides:
“The personal property of any resident of this state to the value of $1,000, to be selected by such resident, shall he exempt from sale on execution or other process of any court, issued for the…
2Cases cited3 opinions
- Janney v. BuellSupreme Court of Alabama · 1876
- Woodruff v. CheevesCourt of Appeals for the Fifth Circuit · 1901
- In re GardenDistrict Court, N.D. Alabama · 1899
3Cited by4 opinions
- First State Bank v. MuzioNew Mexico Supreme Court · 1983
- In re TuneDistrict Court, N.D. Alabama · 1902
- Underwood v. First Ala. Bank of HuntsvilleCourt of Civil Appeals of Alabama · 1983
- In re Hartsell & SonDistrict Court, N.D. Alabama · 1905