Frazier v. Syas
Nebraska Supreme Court
Error to the district court for Eillmore county, where the cause was tried before Weaver, J. contended that the petition did not state facts sufficient to constitute a cause of action; that the plaintiff must be the debtor, a resident of the state and the head of a family, and at the time of the levy actually engaged in the business of agriculture; that the petition must show that the debt, to satisfy which the property in question was levied on, was not for clerks’,…
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Error to the district court for Eillmore county, where the cause was tried before Weaver, J. contended that the petition did not state facts sufficient to constitute a cause of action; that the plaintiff must be the debtor, a resident of the state and the head of a family, and at the time of the levy actually engaged in the business of agriculture; that the petition must show that the debt, to satisfy which the property in question was levied on, was not for clerks’, laborers’, or mechanics’ wages, etc.; that in order to claim and derive the benefit of the exemption statute, the debtor must…
1Opinion of the Court
Maxwell, Oh. J.
This is an action of replevin. It appears from the bill of exceptions that in October, 1877, one J. D. Syas resided with his family on his homestead in Eill*117more county, and was actually engaged in the business of agriculture, and was possessed of the horses in dispute. It also appears that during said month he left his house, and has not since been heard from, and that at the time he left, the horses in question were the only ones he possessed. Soon after Sy.as had left, these horses were levied upon by the plaintiff in error by virtue of an execution issued on a judgment…
2Cases cited1 opinion
- Derby v. WeyrichNebraska Supreme Court · 1879
3Cited by11 opinions
- Jetton Lumber Co. v. HallSupreme Court of Florida · 1914
- Matter of WelborneUnited States Bankruptcy Court, D. Nebraska · 1986
- First International Bank v. LeeNorth Dakota Supreme Court · 1913
- In Re Estate of GrassmanNebraska Supreme Court · 1968
- Mennell v. WellsMontana Supreme Court · 1915
6 more not listed; retrieve them via the Exa API.