Allen v. Manasse
Supreme Court of Alabama
Whit of Error to the County Court of Sumter. Judgment was rendered for the defendant upon an agreed Case, which declares this state of facts: The plaintiff, Allen, was a house-wright and carpenter by trade, and had pursued this business for a number of ]rears next before the attachment hereinafter mentioned, and had no other calling or avocation.
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Whit of Error to the County Court of Sumter. Judgment was rendered for the defendant upon an agreed Case, which declares this state of facts: The plaintiff, Allen, was a house-wright and carpenter by trade, and had pursued this business for a number of ]rears next before the attachment hereinafter mentioned, and had no other calling or avocation. For some three or more years next before the attachment he had pursued his trade in this State, having a wife and one or more' children then residing in the State of Connecticut, where he also had his actual residence before coming into this State.…
1Opinion of the CourtGoldthwaite, J.
Our act of Assembly directs that certain articles shall be retained by, and for the use of every family in the State, free and exempt from levy or sale, by virtue of any execution or other legal process. [Digest, 167, §42.]
It is not disputed that the articles seized are of those enumerated in the statute, but we think the plaintiff is not one of the class of persons within its protection. The exemption is not conferred upon the property of every person, and it seems clear that a debtor, merely as such, is not considered; it is only when connected with others that protection is cast around his…
2Cited by14 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Ex parte PearsonSupreme Court of Alabama · 1884
- Sallee v. WatersSupreme Court of Alabama · 1850
- State ex rel. Codding v. FinnMissouri Court of Appeals · 1880
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