Berg v. Baldwin

CourtSupreme Court of Minnesota (US)
Writing for the CourtMitchell
Citation31 Minn. 541
PartiesOLE H. BERG <I>vs.</I> CORNELIUS BALDWIN and another.
Decision Date24 March 1884

Page 541

31 Minn. 541
OLE H. BERG
vs.
CORNELIUS BALDWIN and another.
Supreme Court of Minnesota.
March 24, 1884.

This action was brought in the municipal court of Moorhead, to recover the value of two young oxen, alleged to have been taken and converted by defendants. The complaint prayed for judgment for $150, claiming treble damages. The answer justified the taking under a writ of execution against plaintiff. The action was tried by the court, which held that the oxen were exempt from execution and were of the value of $80, and ordered judgment for plaintiff for $150, — the full amount prayed for, — which was entered. Defendants appeal from the judgment and from an order refusing a new trial.

Geo. I. Waterman and Burnham, Mills & Tillotson, for appellants.

Mosness & Douglas, for respondent.

MITCHELL, J.


Action for wrongfully and unlawfully taking and converting "two young oxen." The defendants justify the taking under an execution issued on a judgment against plaintiff and in favor of defendant Shove, and delivered for service to defendant Baldwin as constable.

1. The first question is whether the property was exempt. The court finds "that plaintiff was a farmer living on a government homestead; that the plaintiff, at the time of said levy, neither possessed nor owned any horses or mules, or oxen, or any team whatever, except the pair of steers levied on, and that they were raised and kept by him for the purpose of being used by him as his team upon his claim as soon as they should be strong enough for farm use. It does not appear in the evidence whether these steers had or had not as yet actually been yoked together or broken, but, * * * at the

Page 542

age of the steers in question, they may be used to perform light work." The court also finds that at the time they were taken, the steers were "past two years old." On this state of facts they were exempt under Gen. St. 1878, c. 66, § 310, subd. 6, as "a yoke of oxen." Such statutes are to be liberally construed in favor of the right of exemption. Their object is to secure certain articles necessary to the sustenance of the debtor and his family from being taken for debt. The legislature must have had in mind that many men are not in possession of sufficient means to purchase full-grown or well-broken teams. Their only way to acquire them may be to obtain the young animals. If not protected in so doing by the exemption law, those who most need it would derive the least benefit from...

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32 practice notes
  • American Computer v. Jack Farrell Implement Co., Civ. No. 4-89-199
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • April 5, 1991
    ...previously enumerated 763 F. Supp. 1494 in the statute, limiting trespass to things which are the product of the soil. Berg v. Baldwin, 31 Minn. 541, 542-43, 18 N.W. 821, 822 (1884). The alleged deactivation is not the taking of the type of property governed by this statute and thus ADP's m......
  • State v. End, No. 35336
    • United States
    • Supreme Court of Minnesota (US)
    • December 22, 1950
    ...their punishment. See, State v. Walsh, 43 Minn. 444, 445, 45 N.W. 721; State v. Shaw, 39 Minn. 153, 39 N.W. 305; Berg v. Baldwin, 31 Minn. 541, 18 N.W. 821; First Nat. Bank of Anamoose v. United States, 8 Cir., 206 F. 374, 46 L.R.A.,N.S., 1139. 'The principal underlying rule of Ejusdem gene......
  • Winters v. City of Duluth
    • United States
    • Supreme Court of Minnesota (US)
    • January 3, 1901
    ...be held to mean anything different.' See cases directly in point, in which this rule has been applied in this court: Berg v. Baldwin, 31 Minn. 541, 18 N. W. 821;State v. McCrum, 38 Minn. 154, 36 N. W. 102;Brown v. Village of Heron Lake, 67 Minn. 146, 69 N. W. 710;Rhone v. Loomis, 74 Minn. 2......
  • Winters v. City of Duluth, Nos. 12,269 - (142).
    • United States
    • Supreme Court of Minnesota (US)
    • January 3, 1901
    ...be held to mean anything different." See cases directly in point, in which this rule has been applied in this court: Berg v. Baldwin, 31 Minn. 541, 18 N. W. 821; State v. McCrum, 38 Minn. 154, 36 N. W. 102; Brown v. Village of Heron Lake, 67 Minn. 146, 69 N. W. 710; Rhone v. Loomis, 74 Minn......
  • Request a trial to view additional results
32 cases
  • American Computer v. Jack Farrell Implement Co., Civ. No. 4-89-199
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • April 5, 1991
    ...previously enumerated 763 F. Supp. 1494 in the statute, limiting trespass to things which are the product of the soil. Berg v. Baldwin, 31 Minn. 541, 542-43, 18 N.W. 821, 822 (1884). The alleged deactivation is not the taking of the type of property governed by this statute and thus ADP's m......
  • State v. End, No. 35336
    • United States
    • Supreme Court of Minnesota (US)
    • December 22, 1950
    ...their punishment. See, State v. Walsh, 43 Minn. 444, 445, 45 N.W. 721; State v. Shaw, 39 Minn. 153, 39 N.W. 305; Berg v. Baldwin, 31 Minn. 541, 18 N.W. 821; First Nat. Bank of Anamoose v. United States, 8 Cir., 206 F. 374, 46 L.R.A.,N.S., 1139. 'The principal underlying rule of Ejusdem gene......
  • Winters v. City of Duluth
    • United States
    • Supreme Court of Minnesota (US)
    • January 3, 1901
    ...be held to mean anything different.' See cases directly in point, in which this rule has been applied in this court: Berg v. Baldwin, 31 Minn. 541, 18 N. W. 821;State v. McCrum, 38 Minn. 154, 36 N. W. 102;Brown v. Village of Heron Lake, 67 Minn. 146, 69 N. W. 710;Rhone v. Loomis, 74 Minn. 2......
  • Winters v. City of Duluth, Nos. 12,269 - (142).
    • United States
    • Supreme Court of Minnesota (US)
    • January 3, 1901
    ...be held to mean anything different." See cases directly in point, in which this rule has been applied in this court: Berg v. Baldwin, 31 Minn. 541, 18 N. W. 821; State v. McCrum, 38 Minn. 154, 36 N. W. 102; Brown v. Village of Heron Lake, 67 Minn. 146, 69 N. W. 710; Rhone v. Loomis, 74 Minn......
  • Request a trial to view additional results

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