Noland v. Wickham
Supreme Court of Alabama
Writ of Error to the Circuit Court of Limestone. This was an action of trover, at the suit of the defendant in error, for the conversion of a horse. The defendant pleaded not guilty, and justification, and issue was thereupon joined, with leave to give any special matter in evidence ; a verdict was returned for the plaintiff, for $54 90, and judgment was rendered accordingly.
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Writ of Error to the Circuit Court of Limestone. This was an action of trover, at the suit of the defendant in error, for the conversion of a horse. The defendant pleaded not guilty, and justification, and issue was thereupon joined, with leave to give any special matter in evidence ; a verdict was returned for the plaintiff, for $54 90, and judgment was rendered accordingly. On the trial, a bill of exceptions was sealed, at the instance of the defendant, from which it appears, that the plaintiff was the head of a family, residing in this State, that the horse in controversy, and another…
1Opinion of the CourtCollier, C. J.
Among other things, it is enacted, that “-one, work horse, mule, or pair of oxen,” “shall be retained by, and for the use of, every family in this State, free and exempt from levy or sale, by virtue of' any execution, or other legal process.” [Clay’s Dig.] The only point which we remember to have decided under this statute, is, that the exemption does not cover the property of one who has a family in another State, although he is here accompanied by a son, not shown to be dependent upon him. [Allen v. Manasse & Mosely, 4 Ala. Rep. 554.]
It is not controverted in the present case, that the…
2Cases cited1 opinion
- Allen v. ManasseSupreme Court of Alabama · 1843
3Cited by9 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Patten Package Co. v. HouserSupreme Court of Florida · 1931
- Favers v. GlassSupreme Court of Alabama · 1853
- Rice v. NolanSupreme Court of Kansas · 1885
- Ross v. HannahSupreme Court of Alabama · 1850
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