Legal Opinion

Favers v. Glass

Supreme Court of Alabama

Decided January 15, 1853PublishedCited by 18 opinions

Error to tbe Circuit Court of Barbour. Tbe record does not show tbe name of tbe presiding judge. Trespass by Glass against Eavers, for that tbe defendant, wbo was a constable, seized and sold under execution a vehicle with four wheels, drawn by oxen and called an ox wagon, which plaintiff claimed to be exempt from execution under tbe statute found in Clay’s Dig. 210 § 47. Tbe case was submitted to tbe court on an agreed state of facts, on which judgment was rendered for tbe…

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Error to tbe Circuit Court of Barbour. Tbe record does not show tbe name of tbe presiding judge. Trespass by Glass against Eavers, for that tbe defendant, wbo was a constable, seized and sold under execution a vehicle with four wheels, drawn by oxen and called an ox wagon, which plaintiff claimed to be exempt from execution under tbe statute found in Clay’s Dig. 210 § 47. Tbe case was submitted to tbe court on an agreed state of facts, on which judgment was rendered for tbe plaintiff; and ibis judgment is now assigned for error. Statutes must be construed according to tbe intention of tbe…

1Opinion of the Court

CHILTON, 0. J.

Trespass, and recovery in the court below, by Glass against Favers, for that the latter, as constable, seized and sold a vehicle with four wheels, which was drawn with oxen and called an ox wagon, the only vehicle the defendant in error had, and which, being the head of a family, he claimed to be exempt from seizure under legal process, by the law which says “ one horse or ox cart” shall be so exempt. Clay’s Dig. 210 § 47.

The only question before us is, whether the term “horse or ox cart” will embrace a wagon, or vehicle with four wheels. The counsel for the plaintiff in error…

2Cases cited2 opinions

  1. Watson v. SimpsonSupreme Court of Alabama · 1843
  2. Noland v. WickhamSupreme Court of Alabama · 1846

3Cited by18 opinions

  1. Sparrenberger v. StateSupreme Court of Alabama · 1875
  2. McGuire v. Van PeltSupreme Court of Alabama · 1876
  3. Riggs v. SterlingMichigan Supreme Court · 1886
  4. Mobile Dry Docks Co. v. City of MobileSupreme Court of Alabama · 1906
  5. American Bakeries Co. v. City of OpelikaSupreme Court of Alabama · 1934

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