Brusie v. Griffith

Citations

• 34 Cal. 302

Syllabus

<p>Personal Property Exempt from Execution.—The provisions of the third subdivision of section two hundred and nineteen of the Practice Act relates exclusively to exemptions in favor of judgment debtors who are farmers.</p> <p>“ Teamster.”—In the sense of the statute, (Practice Act, Sec. 219, Subd. 6,) one is a “ teamster” who is engaged with his own team or teams in the business of . teaming, i. e., in the business of hauling freight for others for a consideration, by which he habitually supports himself and family, if he has one.</p> <p>Idem.—While a teamster need not drive his team in person, yet ho must be personally engaged in the business of teaming habitually, and for the purpose of making a living by that business.</p> <p>Idem.—If a carpenter or other mechanic who occupies his time in labor at his trade, purchases a team or teams, and also carries on the business of teaming by the employment of others, he does not thereby become a “ teamster” in the sense of the statute. In order to entitle “ a party” to claim as exempt from execution two horses, etc., under said sixth subdivision, he must show that he is a cartman, huckster, peddler, teamster, or other laborer, and that he habitually earns his living by the use of such horses.</p> <p>“ Laborer.”—By “ other laborer,” as used in the sixth subdivision of section two hundred and nineteen of the Practice Act, is meant one who labors by and with the aid of his team, and not by the aid of a pick and shovel, or the implements of other trade or vocation.</p> <p>(t Teamster or Laborer.”—Where B., who claimed two horses, etc., as exempt under the said sixth subdivision, (Practice Act, Sec. 219,) was a clerk in a store, at a stated salary, and had purchased said horses, etc., mainly to furnish employment for his son, who was seventeen years old, and by whom exclusively the team was used habitually in hauling freights for said store and for other parties, and in delivering goods from said store to customers, all of whic