Murphy v. Harris
California Supreme Court
Appeal from a judgment of the Superior Court of Napa County, and from an order refusing a new trial. The action was brought to recover the possession of two colts, claimed by the plaintiff as exempt from execution: The defendant justified as sheriff under an execu- tion issued out of the superior court of Napa County against the plaintiff. Judgment was rendered in favor of the defendant, from which, and from an order refusing a new trial, the plaintiff appealed.
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Appeal from a judgment of the Superior Court of Napa County, and from an order refusing a new trial. The action was brought to recover the possession of two colts, claimed by the plaintiff as exempt from execution: The defendant justified as sheriff under an execu- tion issued out of the superior court of Napa County against the plaintiff. Judgment was rendered in favor of the defendant, from which, and from an order refusing a new trial, the plaintiff appealed. The further facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
The question in this case is, whether two-colts were exempt from execution against the plaintiff. *195There are two provisions which might be claimed to have some reference to the matter. The third subdivision of section 690 of the Code of Civil Procedure is as follows: —
“ 3. The farming utensils or implements of husbandry of the judgment debtor; also two oxen, or two horses, or two mules, and their harness, one cart or wagon, and food for such oxen, horses, or mules for one month.”
The sixth subdivision of the same section is as follows:—
“6. Two horses, two oxen, or two mules, and their…
2Cases cited1 opinion
- Robert v. AdamsCalifornia Supreme Court · 1869
3Cited by12 opinions
- People v. ThompsonCalifornia Court of Appeal · 1935
- Perfection Paint Products v. JohnsonCalifornia Court of Appeal · 1958
- State Ex Rel. Bartol v. Justice of the Peace CourtMontana Supreme Court · 1936
- Bertozzi v. SwisherCalifornia Court of Appeal · 1938
- Petrich v. FrancisCalifornia Court of Appeal · 1927
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