Legal Opinion

Dunlap v. Edgerton

Supreme Court of Vermont

Decided February 15, 1858PublishedCited by 7 opinions

Trover for a pianoforte. Plea, tlie general issue, and trial by the court, at the March Term, 1857,— Kittredge, J., presiding. It appeared on trial that the defendant, as sheriff, levied an execution in favor of one Huntoon against the plaintiff, upon the pianoforte in question, and duly sold it upon the execution for two hundred and ten dollars.

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Trover for a pianoforte. Plea, tlie general issue, and trial by the court, at the March Term, 1857,— Kittredge, J., presiding. It appeared on trial that the defendant, as sheriff, levied an execution in favor of one Huntoon against the plaintiff, upon the pianoforte in question, and duly sold it upon the execution for two hundred and ten dollars. No question was made in reference to the validity and regularity of the proceedings, except that the pianoforte was not subject to attachment. The piano had been owned by the plaintiff for a year or more before the levy, and it was used in his house…

1Opinion of the Court

The opinion of the court was delivered by

Aldis, J.

The plaintiff was the owner of a pianoforte, which was used in his house for his daughter to learn to play upon. The defendant, as sheriff, levied an execution in favor of one Huntoon upon the piano, and sold it. Thereupon the plaintiff brought this suit, claiming that the piano was “ an article of household furniture necessary for upholding life,” and so exempt from attachment by .statute. The county court ruled that the piano was so, exempt, and to this decision the defendant excepts.

The statute exempts from attachment and execution “such…

2Cases cited4 opinions

  1. Dow v. SmithSupreme Court of Vermont · 1835
  2. Leavitt v. MetcalfSupreme Court of Vermont · 1829
  3. Hart v. HydeSupreme Court of Vermont · 1833
  4. Crocker v. SpencerSupreme Court of Vermont · 1824

3Cited by7 opinions

  1. Zumpfe v. GentryIndiana Supreme Court · 1899
  2. In re SteeleDistrict Court, W.D. Tennessee · 1879
  3. Cook v. FullerSupreme Court of Oklahoma · 1913
  4. Slumpff v. McGuire & HansenMichigan Supreme Court · 1931
  5. Kehl v. DunnMichigan Supreme Court · 1894

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