Smalley v. Masten
Michigan Supreme Court
Error to Jackson Circuit. Masten brought replevin against Smalley, to recover a span of horses and wagon, which the latter, as Sheriff of Jackson county, had levied upon by virtue of an execution against Masten, who claimed tbe same as exempt, to enable him to carry on the business of farming.
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Error to Jackson Circuit. Masten brought replevin against Smalley, to recover a span of horses and wagon, which the latter, as Sheriff of Jackson county, had levied upon by virtue of an execution against Masten, who claimed tbe same as exempt, to enable him to carry on the business of farming. On the trial, it was. shown that plaintiff carried on a farm, and was also engaged in business as a tailor; and the following question was put by plaintiff’s counsel to one of his witnesses: “Which of these occupations would be likely to bring him [plaintiff] in the most?” The defendant objected to the…
1Opinion of the Court
Manning J.:
“The tools, implements, materials, stock, apparatus, team, vehicle, horses, harness, or other things to enable any person to carry on the profession, trade, occupation or business, in which he is wholly or principally engaged, not exceeding in value two hundred and fifty dollars” {Comp. B. §4465), are exempt from levy and sale on execution. The words' “principally engaged,” are not to to be construed with reference to the productiveness or profit of one kind of business over another, where two or more occupations are followed at the same time, but with reference to the occupation…
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- In Re SamuelUnited States Bankruptcy Court, E.D. Virginia · 1984
- In Re AllenUnited States Bankruptcy Court, E.D. Virginia · 1985
- Boyle v. WalshMichigan Supreme Court · 1895