Perkins v. Wisner
Supreme Court of Iowa
Appeal from the Balias Bistrict Court. Replevin for a lot of carpenter’s tools. For a statement of the facts and assignment of errors, see tbe opinion of the court. cited Loyd v. McClure, 2 Gr. Greene 140; Jourdan v. Reed, 1 Iowa 138.
1Opinion of the CourtWright, C. J.
—It is first objected that the petition, is so fatally defective, that no judgment could be entered thereon in favor of plaintiff; that, the court erred in overruling defendant’s motion for judgment in his favor, because of this defect and the want of proof to the same point. The question is whether it should appear that the tools in controversy, and which were claimed to be exempt, were those with which the plaintiff, as a mechanic, “ habitually earns his living.”
We do not understand this to be necessary. The words “habitually earns his living,” as found in section 1898 of the Code, have…
2Cited by2 opinions
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