Brown v. Edmonds
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowmam, Judge. This case was first decided by this court in an opinion filed June 17, 1894, reported in 5 S. D. 508, 59 N. W. 731, in which the judgment of the trial court in favor of plaintiffs was modified. A rehearing was subsequently granted and the' case re-argued. This opinion is upon the rehearing. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Lawrence county. Hon. A. J. Plowmam, Judge. This case was first decided by this court in an opinion filed June 17, 1894, reported in 5 S. D. 508, 59 N. W. 731, in which the judgment of the trial court in favor of plaintiffs was modified. A rehearing was subsequently granted and the' case re-argued. This opinion is upon the rehearing. The facts are stated in the opinion. Exemption laws are to be liberally construed, with a view to effecting their object and promoting justice. Kingman v, O’Callahan, et al., 4 S. D., 628, 57 N. W. 912; Noyes et al. v. Beldipg et ah, 5…
1Opinion of the CourtHaney, J.
This case is now before us on rehearing. Our former opinion will be found in 59 N. W. 731. Defendant, a judgment debtor, was ordered, in proceeding supplementary to execution, to deliver to the sheriff a gold watch and chain owned by him, and which he had carried constantly for three years. In the former opinion it was held that these articles were not exempt as “household furniture.” Appellant now contends that .they are exempt, under Sec. 5127, Comp. Laws, which makes absolutely exempt “all wearing apparel and clothing of the debtor and his family.” Whether a watch carried constantly by the…
2Cases cited2 opinions
- Stewart v. McClungOregon Supreme Court · 1885
- Brown v. EdmondsSouth Dakota Supreme Court · 1894
3Cited by9 opinions
- In Re Estate of MillingtonCalifornia Court of Appeal · 1923
- In Re MimsUnited States Bankruptcy Court, E.D. North Carolina · 1985
- Neasham v. McNairSupreme Court of Iowa · 1897
- In Re Carter's EstateSupreme Court of Oklahoma · 1925
- Phillips v. PhillipsSupreme Court of Alabama · 1907
4 more not listed; retrieve them via the Exa API.