In this case the plaintiff, appellant here, attached a Dodge sedan in a suit brought by him in justice court against James G. Cooper, defendant, respondent here. The latter filed an affidavit claiming that the automobile was exempt, by reason of the fact that its value was less than $300.00, and because it was used and was necessary to be used by him in his business as a taxi driver. The claim of exemption was denied in justice court, but on appeal the district court held that the automobile was exempt from seizure. From this judgment the plaintiff has appealed.
The evidence is not in the record, and we must, accordingly, assume that the facts requisite for a claim of exemption were duly established. And the only question before us is as to whether or not an automobile can under any state of facts be held to be exempt under section 89-2992, Rev. St. Wyo. 1931, which, in part, reads as follows:
"The tools, team and implements, or stock in trade of * * * any person, used and kept for the purpose of carrying on his trade or business, not exceeding in value three hundred dollars * * * shall be exempt from levy or sale upon execution, writ of attachment or any process out of any court in this state."
The statute was originally enacted in 1886. Sess. L. 1886, C. 60, Sec. 442. At that time the automobile was unknown, and it is argued by the appellant that in view of the fact that it was not, and could not have been, in contemplation of the legislature, the statute *Page 483
cannot be extended so as to embrace it within its terms. The case of Prater v. Reichman,
"We might say in that connection, before proceeding farther, that it is apparently argued by counsel for the defendant that tie-preserving plants were not in use in 1889; that they were not in the contemplation of the framers of the Constitution or of the people; and that they cannot, accordingly, be considered as embraced in, or contemplated by, the section of the Constitution now under consideration. This contention, we think, is too broad. The section is a part of our organic law. The Constitution is, in a sense, a living thing, designed to meet the needs of progressive society, amid all the detail changes to which such society is subject. State v. Keating,
It may be that the rule should not be as broad in the case of a statute. But it is well settled that things not existing at the time of the enactment of a law may be held to be within its terms in cases in which it deals with a genus of things. 59 C.J. 973-975; 25 R.C.L. 778; McCleary v. Babcock,
"A general law may, and frequently does, originate in some particular case or class of cases which is in the mind of the legislature at the time, but so long as it is expressed in general language the courts cannot, in the absence of express restrictions, limit its application to those cases, but must apply it to all cases that come within its terms and its general purpose and policy. Hence statutes framed in general terms apply to new cases that arise, and to new subjects that are created, from time to time, and which come within their general scope and policy. It is a rule of statutory construction that legislative enactments in general and comprehensive terms, prospective in operation, apply alike to all persons, subjects and business within their general purview and scope coming into existence subsequent to their passage. Thus, an automobile may come within the provisions of an act relating to vehicles generally, although the statute was passed before the invention of automobiles"; etc.
The only question, accordingly, before us is as to whether or not the terms of the statute above quoted can be said to fairly embrace an automobile. And in this connection it should be borne in mind that exemption statutes are construed liberally so as to effect their beneficient purposes. 25 C.J. 10. Counsel for appellant cite a number of cases which are believed to support his contention. Most, if not all of them, may be distinguished from the case at bar by reason of different statutory provisions. In First State Bank of Perkins v. Pulliam,
The case of Spangler v. Corless,
Affirmed.
KIMBALL, Ch. J., and RINER, J., concur. *Page 488