Cleveland v. Andrews
Idaho Supreme Court
APPEAL from District Court, Bannock County. This action was brought to recover from the appellant Andrews and his sureties, as constable, damages for the alleged unlawful seizure under execution of two horses alleged to be exempt from execution. The court erred in permitting the respondent to testify as to his intention to use the horses seized under execution in future for the purposes of teaming.
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APPEAL from District Court, Bannock County. This action was brought to recover from the appellant Andrews and his sureties, as constable, damages for the alleged unlawful seizure under execution of two horses alleged to be exempt from execution. The court erred in permitting the respondent to testify as to his intention to use the horses seized under execution in future for the purposes of teaming. The court erred in instructing the jury that if the respondent intended to go into the teaming business, they, the jury, would be justified in finding for the respondent. Appellants insist that the…
1Opinion of the CourtHuston, J.
The facts in this case as they appear in the Tecord are substantially as follows; The plaintiff, having been injured while in the employ of a railroad, was compelled to seek other means of earning a livelihood for himself and family, and to this end purchased a pair of horses and was negotiating for a wagon with the intention of engaging in the business of a teamster or drayman, a business in which he had been engaged prior to his employment by the railroad company. Before he had completed his outfit, the horses were seized, upon a writ of attachment issued against plaintiff, by the defendant…
2Cases cited1 opinion
- Elliot v. HallIdaho Supreme Court · 1892
3Cited by3 opinions
- Childers v. BrownOregon Supreme Court · 1916
- State ex rel. McKee v. McNeillWashington Supreme Court · 1910
- Aslett v. EvansIdaho Supreme Court · 1929