Dayton v. Ewart
Montana Supreme Court
Appeal from Disimci Court, Ravalli County; F. Woody, Judge. Action by L. H. D'ayton against E. Ewart, as constable. Judgment for plaintiff, and defendant appeals. Tbe legislature intended Section 1222 (Subdivision Y) for tbe iprotection of those whose labor is all tbe capital they possess ; those employed by others by the day, week, month or year, and those whose sole profit is what they get for their services.
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Appeal from Disimci Court, Ravalli County; F. Woody, Judge. Action by L. H. D'ayton against E. Ewart, as constable. Judgment for plaintiff, and defendant appeals. Tbe legislature intended Section 1222 (Subdivision Y) for tbe iprotection of those whose labor is all tbe capital they possess ; those employed by others by the day, week, month or year, and those whose sole profit is what they get for their services. A man owning and operating! a placer mine has other capital besides the labor he individually, performs in working his claim; in such case, his mine, water ditch, tools and appliances,…
1Dissent
Mb. Justice MilburN:
I dissent. The part of Section 1222 (Subsection 7) of the Code of Civil Procedure, under which the exemption is claimed, declares as exempt from levy “the earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of the execution or attachment^ when it appears * * * that such earnings are necessary for the use of his family * * * supported in whole or in part by his labor. * * *” I cannot understand that this section expresses or implies an intention on the part of the legislature to protect income from a…
2Cases cited1 opinion
- McSkimin v. KnowltonNew York Court of Common Pleas · 1891