Pond v. Kimball
Massachusetts Supreme Judicial Court
Tort by Sylvanus W. Pond and Hamon E. Leland against the sheriff of Middlesex, for the act of his deputy in attaching, on a writ against the plaintiffs, property belonging to them, but alleged to be exempt from attachment.
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Tort by Sylvanus W. Pond and Hamon E. Leland against the sheriff of Middlesex, for the act of his deputy in attaching, on a writ against the plaintiffs, property belonging to them, but alleged to be exempt from attachment. By the Gen. Sts. c. 123, § 32, personal property liable to execution may be attached; but, by c. 133, § 32, cl. 5, 6, the follow-lowing among other property of the debtor is exempt from being taken on execution: “ The tools, implements and fixtures necessary for carrying on his trade or business, not exceeding one hundred dollars in value; materials and stock designed and…
1Opinion of the CourtAmes, J.
This report finds that the property described in the plaintiffs’ declaration belonged to them as copartners. It had been procured by them to be used in their shop, as appropriate *106to and usual in the prosecution of their joint business. A por tian of it falls within the description of “ tools and implements ” necessary to the prosecution of their trade and business, and another portion under that of “ materials and stock ” necessary for the same purpose, and intended to be used or wrought therein. The claim of the plaintiffs is, that on both these grounds a portion at least of the property was…
2Cited by34 opinions
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- Russell v. LennonWisconsin Supreme Court · 1876
- Love v. BlairIndiana Supreme Court · 1880
- In re CampDistrict Court, N.D. Georgia · 1899
- Richardson v. Adler, Goldman & Co.Supreme Court of Arkansas · 1885
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