Hickman v. Cruise
Supreme Court of Iowa
Appeal from Delaware Circuit Court. AotioN to recover specific personal property, wbicb tbe petition states the defendant, as sheriff, bad levied upon and taken possession of under an attachment. The petition stated that the plaintiff was the head of a family and a farmer, and that the property was exempt from attachment because it constituted a portion of the property with which he habitually earned his living.
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Appeal from Delaware Circuit Court. AotioN to recover specific personal property, wbicb tbe petition states the defendant, as sheriff, bad levied upon and taken possession of under an attachment. The petition stated that the plaintiff was the head of a family and a farmer, and that the property was exempt from attachment because it constituted a portion of the property with which he habitually earned his living. Substantially, the allegations of the petition were denied in the answer, and it was pleaded that the plaintiff had started to leave the state, and therefore the property was not…
1Opinion of the CourtServers, J.
*5291. ATTACHment: property exempt whoisafarm- “• *528At the conclusion- of the plaintiff’s evidence *529the defendant moved the court to “ direct a verdict for the defendant, for the reason that plaintiff bases his . ground of recovery upon the allegation that he 0 y r o was ^ie ^me a *'armer) earning his living, and that he used the implements or property that is sought to be recovered for the purpose of supporting his family, and the uncontradicted evidence shows that the plaintiff was not at the time a farmer, nor engaged in farming. and that his intention was not to carry on farming, in a reasonable…
2Cited by9 opinions
- In Re IndvikUnited States Bankruptcy Court, N.D. Iowa · 1990
- State Ex Rel. Bartol v. Justice of the Peace CourtMontana Supreme Court · 1936
- Pease v. PriceSupreme Court of Iowa · 1897
- State ex rel. McKee v. McNeillWashington Supreme Court · 1910
- Matter of MyersUnited States Bankruptcy Court, S.D. Iowa · 1985
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