Calhoun v. Knight

California Supreme Court

Calhoun v. Knight

10 Cal. 393

CourtCalifornia Supreme Court

DecidedJuly 1, 1858

StatusPublished

Cited by3 cases

This text of 10 Cal. 393 (Calhoun v. Knight) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calhoun v. Knight, 10 Cal. 393 (Cal. 1858).

Pincite

Opinion

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.

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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.

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Bluebook (online)

10 Cal. 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calhoun-v-knight-cal-1858.

Opinion

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