Cochran v. Harvey
Supreme Court of Georgia
Waiver of exemption. Provisions. Before Judge Harris. Campbell county. At chambers, November 23, 1891. In January, 1891, Cochran applied for exemption under section 2040 of the code, and had set apart certain furniture, tools, books, seventy dollars worth of provisions, fifty bushels of corn, and one thousand pounds of fodder.
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Waiver of exemption. Provisions. Before Judge Harris. Campbell county. At chambers, November 23, 1891. In January, 1891, Cochran applied for exemption under section 2040 of the code, and had set apart certain furniture, tools, books, seventy dollars worth of provisions, fifty bushels of corn, and one thousand pounds of fodder. In October, 1891, an execution against him in favor of Harvey, based on a judgment rendered in 1887 on a note given in 1885 containing a waiver of exemption and in which there was no usury, was levied on certain property, including one hundred bushels of corn more or…
1Opinion of the Court
Bleckley, Chief Justice.
By the constitution (Code, §§5212, 5214) the debtor has power to waive or renounce in writing his right to the benefit of the exemptions allowed him, whether by *354the code or the constitution, “except as to wearing apparel, and not exceeding three hundred dollars worth of household and kitchen furniture and provisions.” The question is as to whether the word' “provisions,” as here used, will include corn on the ear in the shuck. Concessions made by law to the poor are to he construed liberally. Certainly a liberal interpretation would dictate an affirmative answer to…
2Cases cited3 opinions
- King v. MooreMichigan Supreme Court · 1862
- Wilson v. McMillanSupreme Court of Georgia · 1888
- Atkinson v. GatcherSupreme Court of Arkansas · 1861
3Cited by4 opinions
- Arnwine v. BeaverSupreme Court of Georgia · 1910
- Posey v. Rome Oil & Fertilizer Co.Supreme Court of Georgia · 1923
- Kansas City, Fort Scott & Memphis Railroad v. GrahamSupreme Court of Kansas · 1903
- Hines v. Sam Weichselbaum Co.Court of Appeals of Georgia · 1916