McElveen v. Goings

Supreme Court of Louisiana

McElveen v. Goings

41 So. 229, 116 La. 977, 1906 La. LEXIS 610

CourtSupreme Court of Louisiana

DecidedMay 21, 1906

DocketNo. 15,906

StatusPublished

Cited by4 cases

This text of 41 So. 229 (McElveen v. Goings) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McElveen v. Goings, 41 So. 229, 116 La. 977, 1906 La. LEXIS 610 (La. 1906).

Pincite

Opinion

PROVO STY, J.

Article 244 of the Constitution, exempts from seizure “the homestead consisting of lands, buildings and appurtenances, whether rural or urban; also two work horses, one wagon or cart, one yoke of oxen, two cows and calves, 25 head of hogs or 1,000 pounds of bacon or its equivalent in pork, whether these exempted objects be attached to a homestead or not, and on a farm the necessary quantity of corn and fodder for the current year, and the necessary farming implements, to the value of $2,000.”

The seizing creditor in this case seized plaintiff’s mule, and contends that mules not being horses the Constitution does not exempt them from seizure. He is mistaken, the term “work horses” includes mules. Ray v. Hayes, Sheriff, 28 La. Ann. 641. The Constitution manifestly so intends. And in order so to hold it is not necessary to have recourse to what is known as a liberal construction, but simply to read the statute intelligently. Courts “will not apply the rule of strict construction with such technicality as to defeat the purpose of ascertaining the true meaning and intent of the statute.” 26 A. & E. E. of Law, p. 659. Thus in Goldsmith v. State, 1 Head 156, the Supreme Court of Tennessee held that a criminal statute against horse racing was violated by the running of a mule race.

The judgment appealed from is set aside and the injunction herein is perpetuated at the cost of defendants in both courts.

Free access — add to your briefcase to read the full text and ask questions with AI

PROVO STY, J.

Article 244 of the Constitution, exempts from seizure “the homestead consisting of lands, buildings and appurtenances, whether rural or urban; also two work horses, one wagon or cart, one yoke of oxen, two cows and calves, 25 head of hogs or 1,000 pounds of bacon or its equivalent in pork, whether these exempted objects be attached to a homestead or not, and on a farm the necessary quantity of corn and fodder for the current year, and the necessary farming implements, to the value of $2,000.”

The seizing creditor in this case seized plaintiff’s mule, and contends that mules not being horses the Constitution does not exempt them from seizure. He is mistaken, the term “work horses” includes mules. Ray v. Hayes, Sheriff, 28 La. Ann. 641. The Constitution manifestly so intends. And in order so to hold it is not necessary to have recourse to what is known as a liberal construction, but simply to read the statute intelligently. Courts “will not apply the rule of strict construction with such technicality as to defeat the purpose of ascertaining the true meaning and intent of the statute.” 26 A. & E. E. of Law, p. 659. Thus in Goldsmith v. State, 1 Head 156, the Supreme Court of Tennessee held that a criminal statute against horse racing was violated by the running of a mule race.

The judgment appealed from is set aside and the injunction herein is perpetuated at the cost of defendants in both courts.

Cite This Page — Counsel Stack

Bluebook (online)

41 So. 229, 116 La. 977, 1906 La. LEXIS 610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcelveen-v-goings-la-1906.

Opinion

Related

Cite This Page — Counsel Stack