Schwartz v. Birnbaum
Supreme Court of Colorado
Appeal from the County Court of Arapahoe County. Mas Schwartz, the appellant, who was plaintiff below, brought his action against Sigmund Birnbaum, the appellee and defendant, to recover the sum of $258.41, which plaintiff alleged to be due upon a contract, and that the demand sued upon was on an overdue book account.
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Appeal from the County Court of Arapahoe County. Mas Schwartz, the appellant, who was plaintiff below, brought his action against Sigmund Birnbaum, the appellee and defendant, to recover the sum of $258.41, which plaintiff alleged to be due upon a contract, and that the demand sued upon was on an overdue book account. Plaintiff sued out a writ of attachment in aid of his action, and the same was levied as shown by the return to the writ, upon defendant’s “ stock of clothing, shirts, notions and anything in store 8205 Larimer street,” and by leaving a copy of the writ with defendant. The…
1Opinion of the CourtJustice Campbell
The questions sought to be raised by this appeal may be *24stated as follows: First, Was the defendant, under our statute, a person entitled to the exemption of his stock in trade ? Second, Has he made his claim for exemption in the proper time and manner ? Third, Does the claim and evidence justify the judgment rendered by the county court?
That the defendant at the time of the levy of the writ of attachment was the head of a family admits of no doubt. That he was then residing with the same is not true in the literal or ordinary sense of the term. But it is contended by the appellee, as our…
2Cases cited2 opinions
- McMasters v. AlsopIllinois Supreme Court · 1877
- Barnes v. RogersIllinois Supreme Court · 1860
3Cited by6 opinions
- State Ex Rel. Lankford v. CollinsSupreme Court of Oklahoma · 1918
- Parsons v. EvansSupreme Court of Oklahoma · 1914
- Bank of California v. Virtue & Scheck, Inc.California Court of Appeal · 1983
- Parketon v. PugsLeyMissouri Court of Appeals · 1909
- Eisenberg v. BurchinellColorado Court of Appeals · 1897
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