Cullen v. Harris
Michigan Supreme Court
Error to Genesee; Wisner, J. Replevin by Ambrose Cullen against William E. Harris. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff contracted to purchase of defendant a yoke of oxen at the stated price of $95, $45 of which was paid down, and it was agreed that the remaining $50 should be paid upon delivery of the oxen, a few days later.
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Error to Genesee; Wisner, J. Replevin by Ambrose Cullen against William E. Harris. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff contracted to purchase of defendant a yoke of oxen at the stated price of $95, $45 of which was paid down, and it was agreed that the remaining $50 should be paid upon delivery of the oxen, a few days later. Before the time fixed for the delivery and the payment of the remaining portion of the purchase price, plaintiff was garnished by a creditor of Harris. Upon the day fixed for delivery, plaintiff demanded…
1Opinion of the CourtMontgomery, J.
(after stating the facts). The sole, question presented on the record is whether, under the circumstances set out in the statement of facts, the proceeds of the sale of exempt property, designed for investment in other exempt property, to take the place of that sold, are subject to attachment while in the hands of the debtor, kept as a separate fund, or are, before reaching his hands, subject to garnishment. The authorities upon this subject are inharmonious. There are cases holding, as • contended by plaintiff, that the proceeds of the voluntary sale of property exempted from execution are…
2Cases cited6 opinions
- State v. GeddisSupreme Court of Iowa · 1876
- Tillotson v. . WolcottNew York Court of Appeals · 1872
- Watkins v. BlatschinskiWisconsin Supreme Court · 1876
- Mudge v. LanningSupreme Court of Iowa · 1886
- Wygant v. SmithNew York Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Orange Brevard Plumbing & Heating Co. v. La CroixSupreme Court of Florida · 1962
- Field v. GoatSupreme Court of Oklahoma · 1918
- Bank of Brimson v. GrahamSupreme Court of Missouri · 1934
- Blackford v. BoakOregon Supreme Court · 1914
- Cleveland v. McCannaNorth Dakota Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.