Calhoun v. Knight (1858) · DecisionDepot

Calhoun v. Knight

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1858Published

Before: Terry

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Holding. The court held that the evidence was insufficient to sustain the judgment because the plaintiff failed to prove he belonged to the class of persons protected by the exemption statute or that he used the animals to earn his living.

Issues

Whether the evidence was sufficient to sustain the judgment under the exemption statute.
Whether the plaintiff proved he was a person entitled to the statutory exemption for animals.

Disposition. reversed

Quotations verified verbatim against the opinion

“We think the evidence was insufficient to sustain the judgment.”

“It is not shown that the plaintiff is one of the persons mentioned in the statute, or that he habitually earned his living by the use of the animals in question.”

Synopsis

Where two mules are claimed as exempt from forced sale on execution, it must be shown that the party claiming the mules habitually earned his living by the use of the animals in question, or that he is one of the persons mentioned in the statute.

Terry, C. J., delivered the opinion of the Court Baldwin, J., concurring.

We think the evidence was insufficient to sustain the judgment. The statute exempts from forced sale, “ two horses, oxen, or mules, by which a cartman, teamster, or other laborer, habitually earns his living.”

It is not shown that the plaintiff is one of the persons mentioned in the statute, or that he habitually earned his living by the use of the animals in question.

Judgment reversed.

Calhoun v. Knight

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