Legal Opinion

Elliot v. Thomas

Missouri Court of Appeals

Decided February 5, 1912PublishedCited by 11 opinions

Appeal from Lawrence Circuit Court. — Hon. Carr McNait, Judge. (1) The word housekeeper and the word “head of family” are used interchangeably by the statute, so as to secure a broad construction of the statement in favor of any one who has dependent persons living with him. Uppenheimer v. Meyers, 99 Ya. 582, 39 S. E. 218; 12 Am. and Eng. Ency.

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Appeal from Lawrence Circuit Court. — Hon. Carr McNait, Judge. (1) The word housekeeper and the word “head of family” are used interchangeably by the statute, so as to secure a broad construction of the statement in favor of any one who has dependent persons living with him. Uppenheimer v. Meyers, 99 Ya. 582, 39 S. E. 218; 12 Am. and Eng. Ency. Law (2 Ed.), 89; Ridenour Co. v. Monroe, 142 Mo. 165. (2) The standard dictionaries of the English language define a housekeeper to be “the master or head of a family.” Webster’s International Dictionary, 720; 2 Universal Dictionary, 2547; American…

1Opinion of the CourtCox, J.

Motion by defendant to quash levy of execution upon a lot in the city of Aurora upon the ground that the property is exempt to defendant as a homestead. The motion was sustained and plaintiff has appealed.

The facts are as follows: Aurora is a city of less than 10,000. The lot contains less than five acres and is of less value than $1500. It is conceded that if defendant is entitled to the homestead exemption at all, the action of the court in quashing the levy should be upheld. The defendant and her husband lived in Chicago and after her husband’s death she came to Aurora, purchased the lot…

2Cases cited19 opinions

  1. Biffle v. PullamSupreme Court of Missouri · 1893
  2. Keyes v. CyrusCalifornia Supreme Court · 1893
  3. Beckmann v. MeyerSupreme Court of Missouri · 1882
  4. Brown v. Brown's AdministratorSupreme Court of Missouri · 1878
  5. Calhoun v. WilliamsSupreme Court of Virginia · 1879

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3Cited by11 opinions

  1. Woods v. Alvarado State BankTexas Supreme Court · 1929
  2. State v. HaneySupreme Court of Missouri · 1955
  3. McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
  4. State Ex Rel. Kemp v. ArnoldMissouri Court of Appeals · 1938
  5. Carroll v. Arlington County, VirginiaSupreme Court of Virginia · 1947

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