Mallory v. Berry
Supreme Court of Kansas
Error from Osage District Court. Eeplevin for “one steer, two years old next spring,” brought by Mallory as plaintiff, before a justice of the peace. The justice gave judgment in favor of the defendant. Mallory took the case to the district court by appeal, and a trial was there had at the March Term 1872. The steer in controversy had been seized and taken by the sheriff at the suit of Berry against Mallory. Mallory claimed the steer as exempt.
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Error from Osage District Court. Eeplevin for “one steer, two years old next spring,” brought by Mallory as plaintiff, before a justice of the peace. The justice gave judgment in favor of the defendant. Mallory took the case to the district court by appeal, and a trial was there had at the March Term 1872. The steer in controversy had been seized and taken by the sheriff at the suit of Berry against Mallory. Mallory claimed the steer as exempt. Verdict and judgment in favor of Berry, and Mallory brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The only question in this case is, whether a steer belonging to the plaintiff was exempt from seizure upon execution. The plaintiff, who was the head of a family, and engaged in farming, owned but one horse and this steer. It was about twenty months old, and had never been worked. He had contracted for a pair of steers, and intended to work them together. This one he had paid for and taken home; the other he had not. When the animal was taken on execution he replevied it, and having obtained possession of his mate, commenced working them…
2Cases cited4 opinions
- Dow v. SmithSupreme Court of Vermont · 1835
- Freeman v. CarpenterSupreme Court of Vermont · 1838
- Mundell v. HammondSupreme Court of Vermont · 1868
- Harthouse v. RikersThe Superior Court of New York City · 1853
3Cited by13 opinions
- Berg v. BaldwinSupreme Court of Minnesota · 1884
- Nelson v. FightmasterSupreme Court of Oklahoma · 1896
- Wagner v. MahaffeySupreme Court of Kansas · 1965
- Patterson v. EnglishCourt of Appeals of Texas · 1911
- Emmert v. SchmidtSupreme Court of Kansas · 1902
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