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Emerson v. Bacon

Robert P. Emerson v. Adolphus N. Bacon

Emerson v. Bacon, 25 N.W. 503 (Mich. 1885)
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Court
Michigan Supreme Court · State Highest Courts
Decided
November 19, 1885
Judges
Campbell, Morse, Ohamplin, Sherwood
Citations
25 N.W. 50358 Mich. 5261885 Mich. LEXIS 574
Disposition
Affirmed.
Headnotes
Disposition of properly exempt from execution. Attachment will not run for property exempt from execution, such as a horse, wagon and harness used in defendant’s business and transferred by him to a third person whether absolutely or by way of security.
Summary
Error to Kent.. (Montgomery, J.) Replevin. Defendants bring error. Creditors have no right to complain of dealings with property which the law does not allow them to apply on their claims : Smith <y. Rumsey 33 Mich. 183; Dart v. Woodhouse 40 Mich. 399 ; Rhead v. Hounson 46 Mich. 247; Anderson, v. Odell 51 Mich. 492.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Campbell

Text extracted by OCR from a scanned original; check the original for exact wording.

Campbell, J.

Plaintiff replevied a horse, lightning-rod wagon and harness from defendants, worth less than $200, which they held under an attachment levy against one Waldo E. Ilill. Plaintiff held under a bill of sale from Hill, prior to the attachment which he claimed was absolute, but which there was some evidence to show was held as security. The debt due plaintiff, whether paid or secured, was largely in excess of the value of all the property transferred. Plaintiff lent the property to Hill, who was using it in his business of selling and putting up lightning-rods when it was attached.

There are several questions presented by the record, but most of them become immaterial in view of the fact that if this property was Hill’s, it was used in his business and was exempt from execution, so that his creditors could not complain of any disposition he made of it. Buckley v. Wheeler 52 Mich. 1 . This being so, plaintiff’s right, whether absolute or as security, was such that the attachment could not prevail against it, and the court below so held.

The other questions need not be considered.

The judgment must be affirmed.

Morse, C. J. and Ohamplin, J. concurred. Sherwood, J. did not sit in this case.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1895: 11900: 11913: 11924: 11999: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. Grover v. Younie81 N.W. 684 (Iowa 1900) · Dissent
  2. Craft v. United States ex rel. Internal Revenue Service65 F. Supp. 2d 651 (W.D. Mich. 1999)
  3. McCormick v. Kistler141 N.W. 593 (Mich. 1913)
  4. Turner v. Davidson198 N.W. 886 (Mich. 1924)
  5. Boyle v. Walsh63 N.W. 435 (Mich. 1895)

Most recent

  1. Craft v. United States ex rel. Internal Revenue Service65 F. Supp. 2d 651 (W.D. Mich. 1999)
  2. Turner v. Davidson198 N.W. 886 (Mich. 1924)
  3. McCormick v. Kistler141 N.W. 593 (Mich. 1913)
  4. Grover v. Younie81 N.W. 684 (Iowa 1900) · Dissent
  5. Boyle v. Walsh63 N.W. 435 (Mich. 1895)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Buckley v. Wheeler, 17 N.W. 216 (Mich. 1883) 11

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