Legal Opinion

Tuttle v. Strout

Supreme Court of Minnesota

Decided July 15, 1862PublishedCited by 18 opinions

APPEAL FROM THE DISTRICT COURT OF HENNEPIN COUNTY. The following are the facts and conclusions of law, as found by the Court below, a jury trial having been waived: That at the time alleged in the complaint, the Defendant was sheriff of the county of Hennepin, and Moses W. Getch-ell, his deputy, acting as such.

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APPEAL FROM THE DISTRICT COURT OF HENNEPIN COUNTY. The following are the facts and conclusions of law, as found by the Court below, a jury trial having been waived: That at the time alleged in the complaint, the Defendant was sheriff of the county of Hennepin, and Moses W. Getch-ell, his deputy, acting as such. That on or about October 8th, 1859, the Defendant Sheriff, by his said deputy, levied upon and toot away from the possession of the Plaintiff, the personal property mentioned in the complaint to wit: one span of mules, one double harness or tackle for said team, and one double wagon,…

1Opinion of the Court

By the Count

Emmett, C. J.

The questions presented for our consideration in this action, involve the constitutionality of the act entitled “ An Act for a Homestead Exemption,” passed March 12, 1858. Each party urges a constitutional objection. The Plaintiff claims that that portion of the act which excepts from the exemption provided, debts or liabilities for wages due to clerks, laborers or mechanics, is in direct conflict with section 12 of the Bill of Rights, which directs that “ a reasonable amount of property shall be exempt from seizure or sale, for the payment of any debt or liability.”

On…

2Cases cited1 opinion

  1. Board of Supervisors v. HeenanSupreme Court of Minnesota · 1858

3Cited by18 opinions

  1. Marston v. HumesWashington Supreme Court · 1891
  2. Ritchie v. RichardsUtah Supreme Court · 1896
  3. Lynch v. MurphySupreme Court of Missouri · 1893
  4. Barton v. DrakeSupreme Court of Minnesota · 1875
  5. Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1907

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