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79 Minn. 459

Olin v. Fox

Supreme Court of Minnesota

Decided May 16, 1900

Supreme Court of Minnesota · decided 1900-05-16

Action in the district court for Wilkin county to recover $50.50, and interest, damages for the wrongful seizure under attachment of 112 bushels of oats and 75 bushels of barley. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $56. From an order granting defendant’s motion for a new trial unless plaintiff consent to a reduction of the verdict to $29, plaintiff appealed.

Key passage — most relied on by later courts

““Three cows, ten swine, one yoke of oxen and a horse, or in lieu of such oxen and horse, a span of horses or mules, one hundred chickens, twenty sheep, and the wool from the same, either in raw material or manufactured into yam or doth; food for all the stock above mentioned necessary for one year’s support, either provided or growing, or both, as the debtor may choose; one wagon, cart, or dray, one sleigh, two plows, one drag; and other farming utensils, including taekle for teams, not exceeding three hundred dollars in value.””

quoted by 1 later decision, including In re Elston

““It is true that our construction leads to an exemption of food for stock in the hands of a person who has none of the animals mentioned, and no intention of obtaining them, but the remedy to be applied is with the Legislature.””

quoted by 1 later decision, including In re Elston

Relies on Kimball v. Woodruff

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1900-05-16

How this case has been cited

Cited by 4 later decisions — most recently May 2004

1 district · 2 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

COLLINS, J.

¶1This case involves a construction of G-. S. 1894, § 5459, which (subdivision 6) exempts from attachment or sale on any final process :

“Three cows, ten swine, one yoke of oxen and a horse, or, in lieu of one yoke of oxen and a horse, á span of horses or mules, twenty sheep, and the wool from the same, the necessary food for all the stock mentioned in this section for one year’s support, either provided or growing, or both, as the debtor may choose,” and several other articles.

¶2The question is, is the necessary food for all these animals or stock exempt for the period mentioned, or is the exemption confined to such of the stock as the debtor may own at the time the attachment or execution is levied? It seems to a majority of the court that but one construction can be placed upon this section. See Kimball v. Woodruff, 55 Vt. 229. Certain animals are declared to be exempt, and the necessary food for all mentioned is also declared to be exempt. We are unable to read into this statute a further provision that, in order to have the benefit of the exemption, the debtor must own the animals. There is nothing ambiguous about the language used. The exemption laws are not to be construed in a narrow or illiberal manner, and the construction claimed for this subdivision by the defendants’ counsel would work positive injury and wrong in many cases. For illustration, let us suppose that the debtor owns a pair of horses, and has the necessary food for them for one year. He loses one by death, and before purchasing another the seizure is made. Under such circumstances, the debtor would be deprived of the benefit of the exemption, if counsel is. right. Tt is true that our construction leads to an exemption of food for stock in the hands of a person who has none of the animals mentioned, and no intention of obtaining them, but the remedy to be applied is with the legislature. The court *461below erred when it held that, to have the benefit of this statute, the debtor must own the stock for which exemption of food is claimed.

¶3The order appealed from is reversed, with directions to enter judgment in favor of the plaintiff upon the verdict.

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