Legal Opinion

Gordon v. Shields

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 3 opinions

JError from Shawnee District Court. Keplevin for a buggy, harness and buffalo robe, brought by Cordon as plaintiff, against Shields as defendant. Shields had seized the property, as constable, upon an execution issued upon a judgment in favor of the Kansas Yalley National Bank and against said Gordon. Gordon claimed the property as exempt from seizure and sale on execution.

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JError from Shawnee District Court. Keplevin for a buggy, harness and buffalo robe, brought by Cordon as plaintiff, against Shields as defendant. Shields had seized the property, as constable, upon an execution issued upon a judgment in favor of the Kansas Yalley National Bank and against said Gordon. Gordon claimed the property as exempt from seizure and sale on execution. The facts found by the district court were as follows: Until seized and taken in execution as aforesaid Gordon was the owner and entitled to the possession of said property, and was not the owner of any other harness or…

1Opinion of the Court

The following opinions were filed:

Brewer, L:

Only this one question is presented in the record: Is a buggy included in the term “ wagon,” as used in the Exemption Law ? The court below found that the vehicle in suit known as a buggy was “not adapted and designed for carrying commodities, but is a single-seated, covered vehicle adapted and designed for carrying persons only.” We think the term wagon a generic one, including as well vehicles for the carriage of persons, as those for the transportation of commodities, and broad enough properly to embrace such a vehicle as the buggy in…

2Cited by3 opinions

  1. Wilhite v. WilliamsSupreme Court of Kansas · 1889
  2. Fifth Avenue Coach Co. v. City of New YorkNew York Supreme Court · 1908
  3. Reed v. CooperSupreme Court of Kansas · 1883

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