Calhoun v. Knight

California Supreme Court
Calhoun v. Knight, 10 Cal. 393 (Cal. 1858)
Terry

Calhoun v. Knight

Opinion of the Court

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.

Reference

Full Case Name
CALHOUN v. KNIGHT
Cited By
3 cases
Status
Published
Syllabus
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.