Legal Opinion

Stanton v. French

California Supreme Court

Decided February 26, 1890No. 13186PublishedCited by 12 opinions

Appeal from a judgment of the Superior Court of the county of Merced, and from an order denying a new trial. The instructions asked by defendant numbered 5, 6, 8, and 12, referred to in the opinion of the court, were as follows: “ 5. If you find, from the evidence, that the property mentioned in the complaint was owned by plaintiff and Mary Stanton jointly, then, notwithstanding plaintiff might have been a peddler of bread, habitually earning his living by the use of said…

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Appeal from a judgment of the Superior Court of the county of Merced, and from an order denying a new trial. The instructions asked by defendant numbered 5, 6, 8, and 12, referred to in the opinion of the court, were as follows: “ 5. If you find, from the evidence, that the property mentioned in the complaint was owned by plaintiff and Mary Stanton jointly, then, notwithstanding plaintiff might have been a peddler of bread, habitually earning his living by the use of said property, defendant would have the right to levy upon and sell the interest of Mary Stanton to satisfy a judgment against…

1Opinion of the CourtMcFarland, J.

— This action was brought to recover the value of two horses and a wagon and harness. They were taken by defendant, as constable, under an execution against plaintiff and his wife, and sold. Plaintiff claimed the property as exempt from execution under subdivision 6 of section 690, Code of Civil Procedure, the claim being that, as a peddler, he habitually used it to earn a living. There was also in the complaint an item for the value of a certain bread-box, which wTas afterw'ard withdrawn- Plaintiff recovered judgment, and defendant appeals from the judgment, and from an order denying a new…

2Cited by12 opinions

  1. Estate of PillsburyCalifornia Supreme Court · 1917
  2. Kachigian v. KachigianCalifornia Supreme Court · 1942
  3. National Automobile Insurance v. WinterCalifornia Court of Appeal · 1943
  4. Industrial Loan & Investment Co. v. Superior CourtCalifornia Supreme Court · 1922
  5. Stanton v. FrenchCalifornia Supreme Court · 1891

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