Kidder v. Varner

MR. JUSTICE CASTLES:

This is an appeal from two orders of the district court refusing to set aside an order which had denied a motion to exempt attached property under R.C.M. 1947, secs. 93-5813 and 93-5814. The unusual circumstances which brought about the appeal are as follows so far as they have a bearing on this decision.

An attachment of certain personal property was had by plaintiff. An affidavit and motion to have certain items of the attached property exempted was made by the defendant. The motion to exempt was noticed for hearing. At the hearing, an objection to introduction of any…