Calhoun v. Knight

10 Cal. 393 | Cal. | 1858

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.