Legal Opinion

Friedman Bros. v. Sullivan

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 11 opinions

APPEAL from Jefferson Circuit' Court. Hon. John A. Williams, Judge. 1. The last item in the schedule, “household and kitchen furniture, $70,” is not itemized, nor show in what said articles consist, or their value. Mansfield’s Digest, see. 3006; Webster’s Dictionary, “schedule.” 2. The proviso to section 1, is broad enough to cover the entire article, and applies to all persons whether single or married. Art. 9, sec. 1, Const.; Mansfi. Digest, sec. 4398; 43, Ark., 17.

1Opinion of the CourtCockrill, C. J.

Section 1, article 9, of the constitution of 1874, prescribes the extent of the exemption of personal property to be claimed by an unmarried resident not the head of a family. Section 2 fixes the same right for the married resident or head of a family. At the end of section 1 is this provision: “Provided, that no property shall be exempt from execution for debts contracted for the purchase money thereof while in the hands of the vendee.”

The appellee, who was a resident married man and head of a family, filed his schedule, claiming as exempt from seizure under an attachment, a lot of…

2Cases cited3 opinions

  1. United States v. BabbitSupreme Court of the United States · 1862
  2. Mayor of Cumberland v. MagruderCourt of Appeals of Maryland · 1871
  3. Mechanics' & Farmers' Bank of Albany: Appeal from ProbateSupreme Court of Connecticut · 1862

3Cited by11 opinions

  1. Considine v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1896
  2. Miller v. PennoyerOregon Supreme Court · 1893
  3. Fouracre v. WhiteSuperior Court of Delaware · 1917
  4. Stiers v. MundyIndiana Supreme Court · 1910
  5. In re WellsDistrict Court, W.D. Arkansas · 1900

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