Kimball v. Woodruff
Supreme Court of Vermont
Trespass and trover for a quantity of hay. Trial by court, December Term, 1881, Caledonia County, Ross, J., presiding. Judgment for plaintiff.
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Trespass and trover for a quantity of hay. Trial by court, December Term, 1881, Caledonia County, Ross, J., presiding. Judgment for plaintiff. The parties agreed on the following facts: That the property for the taking and converting of which this suit is brought was regularly and legally taken and sold on a valid execution by the defendant as sheriff, provided the property sold was not exempt from attachment and levy; that at the time of the said levy and sale, the plaintiff had two cows and one horse ; and that one cow and the horse were exempt from attachment, and that he had no other…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The question presented in this case is whether the exemption from attachment of forage in our statute of exemptions is conditional upon the debtor’s having the exempt animals specified to consume such forage ; and it is to be determined wholly upon a construction of the statute itself.
Exemption laws exist in all our sister States in some respects similar in phraseology to ours, and in other respects quite different. The decisions of other States are based upon the language of their own statutes, and can therefore afford us little aid, as they…
2Cited by2 opinions
- Olin v. FoxSupreme Court of Minnesota · 1900
- Byrnes v. John Deere Plow Co.Supreme Court of Kansas · 1906