Legal Opinion

Miller v. Swhier

Indiana Court of Appeals

Decided January 30, 1907No. 6,310PublishedCited by 2 opinions

From Jay Circuit Court; John F. LaFollette, Judge. Claim for householder’s exemption by Oliver W. Miller against Sherman Swhier, as trustee of said Miller’s property assigned for the benefit of his creditors. Prom a judgment for defendant, claimant appeals.

1Opinion of the CourtMyers, C. J.

On September 3, 1906, appellant filed his verified petition in the Jay Circuit Court, showing that on July 9, 1906, he made a general assignment of all of his property to Millard Nixon for the benefit of his creditors, under the law for general assignments (§§2899, 2900 Burns 1901, Acts 1891, p. 312, §2663 R. S. 1881), and such indenture was duly recorded in the proper county recorder’s office on that day; that at the time of the execution of such indenture of assignment he was an unmarried man, and not a householder of the State of Indiana; that on July 14, 1906, he married, and from that…

2Cases cited13 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Franklin National Bank v. WhiteheadIndiana Supreme Court · 1898
  3. Pomeroy v. BeachIndiana Supreme Court · 1898
  4. Haas v. ShawIndiana Supreme Court · 1883
  5. Moss v. JenkinsIndiana Supreme Court · 1897

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3Cited by2 opinions

  1. H. C. Smith Coal Co. v. FinleyIndiana Supreme Court · 1921
  2. Levin v. DareDistrict Court, S.D. Indiana · 1996

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