Martin v. Barnett
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) A married woman may invoke all exemption and homestead laws now in force for the purpose of protection of personal and real property owned by the head of the family, except where the husband has claimed such exemption and homestead rights for the protection of Ms own property. Sec. 4335, R. S. 1899; R. S. 1909, Sec. 8304; Bank of Liberal v. Redlinger, 95 Mo. App. 275; White v. Smith, 104 Mo.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) A married woman may invoke all exemption and homestead laws now in force for the purpose of protection of personal and real property owned by the head of the family, except where the husband has claimed such exemption and homestead rights for the protection of Ms own property. Sec. 4335, R. S. 1899; R. S. 1909, Sec. 8304; Bank of Liberal v. Redlinger, 95 Mo. App. 275; White v. Smith, 104 Mo. App. 199; Sharp v. Stewart, 185 Mo. 518. (2) The debtor’s exemption right is a personal privilege, which he may or may not claim.…
1Opinion of the CourtReynolds, P. J.
Plaintiff, on February 19, 1910, brought her action in tbe circuit court against defendant, constable of a township in Audrain county, in which she avers that on tbe 7th of February, 1910, in an action instituted in a court of a justice of tbe peace- of that township, tbe action by attachment, wherein tbe Ferguson-McKinney Dry Goods Company was plaintiff and one J. B. Martin was defendant, a writ of attachment, was issued and placed in tbe bands of defendant, as constable, who under the writ levied on certain goods and chattels, as of tbe property of J. B. Martin, tbe petition here describing…
2Cases cited17 opinions
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Garrett v. WagnerSupreme Court of Missouri · 1894
- Homes v. CorbinMissouri Court of Appeals · 1886
- Sharp v. StewartSupreme Court of Missouri · 1904
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3Cited by3 opinions
- In re DiehlDistrict Court, E.D. Missouri · 1944
- J. Thomas & Son v. BrownMissouri Court of Appeals · 1913
- Carthage Stone Co. v. GerstMissouri Court of Appeals · 1920