Elder v. Williams
Nevada Supreme Court
Appeal from the District Court, of -the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The statute exempting “ two. horses and a wagon,” etc., is not of general and universal, but special and limited application. It does not apply to all persons, but to teamsters only; not even to all teamstdrs, but to such teamster only as habitually earns his living by using a team. (1 Comp. L. 1282, par. 6.) ' .... II.
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Appeal from the District Court, of -the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The statute exempting “ two. horses and a wagon,” etc., is not of general and universal, but special and limited application. It does not apply to all persons, but to teamsters only; not even to all teamstdrs, but to such teamster only as habitually earns his living by using a team. (1 Comp. L. 1282, par. 6.) ' .... II. No person is a teamster within the sense of the law who does not: First, habitually drive a team; and second, by driving a team habitually earn a living.…
1Opinion of the Court
By the Court,
Leonard, C. J.:
This action is to recover a wagon and two horses, which defendant, as sheriff, seized under various writs of attachment and execution against the property of plaintiff, and which the latter claims as exempt from levy and sale under execution, for the reason that he is a teamster, and by the use of which he habitually earns his living.
Respondent recovered judgment, and appellant moved for a new trial, on the grounds of errors in law occurring at the trial, excepted to by the defendant, and insufficiency of the evidence to justify the verdict. This appeal is taken…
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