Gordon v. Shields
Supreme Court of Kansas
JError from Shawnee District Court. Keplevin for a buggy, harness and buffalo robe, brought by Cordon as plaintiff, against Shields as defendant. Shields had seized the property, as constable, upon an execution issued upon a judgment in favor of the Kansas Yalley National Bank and against said Gordon. Gordon claimed the property as exempt from seizure and sale on execution.
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JError from Shawnee District Court. Keplevin for a buggy, harness and buffalo robe, brought by Cordon as plaintiff, against Shields as defendant. Shields had seized the property, as constable, upon an execution issued upon a judgment in favor of the Kansas Yalley National Bank and against said Gordon. Gordon claimed the property as exempt from seizure and sale on execution. The facts found by the district court were as follows: Until seized and taken in execution as aforesaid Gordon was the owner and entitled to the possession of said property, and was not the owner of any other harness or…
1Concurrence
Valentine, J.:
I concur with the court that the term “wagon” is a generic term, broad enough to include such a buggy as the one in controversy, and broad enough to include every other species of wagon by whatever other name the same may be called. And I also concur that the kind of wagon mentioned in the sixth subdivision of § 3, ch. 38, Gen. Stat., 1868, p. 474, must be a farming utensil. But I differ with the opinion of the court in this: I believe that the implements mentioned in said subdivision sixth, in order to be exempt from execution, must be actually used as farming implements; that…
2Cases cited2 opinions
- Bevitt v. CrandallWisconsin Supreme Court · 1865
- Knapp v. BartlettWisconsin Supreme Court · 1868