In re Tidball, 1104.
| Decision Date | 03 January 1930 |
| Docket Number | No. 1104.,1104. |
| Citation | 40 F.2d 560 |
| Parties | In re TIDBALL. |
| Court | U.S. District Court — District of Wyoming |
Ernest J. Goppert, of Cody, Wyo., for trustee.
Charles E. Lane, of Cheyenne, Wyo., for bankrupt.
The above-entitled matter is before the court by virtue of a referee's certificate on review. The question arises over an order allowing exemptions to the bankrupt, exceptions to which were filed by the latter. As the matter now comes to the court, it concerns the disallowance by the referee of a claimed exemption for a typewriter and phonograph.
It has been repeatedly held, under the Bankruptcy Act, 11 USCA § 24, that exemptions allowed to bankrupts are determined by the statutes concerning exemptions of the state of which the bankrupt is a resident.
Wyoming Compiled Statutes 1920 seem to provide that any person adjudicated a bankrupt under the acts of Congress relating to bankruptcy shall not be entitled to exemptions other than those enumerated in sections 6034 and 6035 of the Wyoming Statutes. Section 6034 exempts wearing apparel of a limited value. Section 6035 exempts the family bible, pictures, and schoolbooks, burial ground, furniture, bedding, provisions, and such other household articles of any kind or character as the debtor may select, not to exceed the value of $500. Section 6037 refers to tools, implements, or stock in trade kept by a person for the purpose of carrying on his trade or business, but, as this section is apparently not available to bankrupts in this state, it need not be further considered.
The articles here under consideration, clearly not being capable of classification as wearing apparel, must come within the scope of section 6035, if they are to be recognized for the purpose of exemption.
The provisions which refer to furniture, bedding, provisions, and such other articles of any kind or character as the debtor may select, together with similar statutes of other states, have been repeatedly construed by the courts. The term, "and such other household articles," has been held to refer to the same character of articles included in the language which immediately precedes it, to wit: "Furniture, bedding, provisions," under the well-known doctrine of ejusdem generis. Applying this doctrine to the point here involved, it would be difficult by the widest stretch of construction to hold that a typewriter and phonograph were furniture. A typewriter is a machine intended for use as a substitute for handwriting in...
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McArtor v. State
...School Districts 2, 3, and 10 of Campbell County v. District Boundary Board of Campbell County, Wyo., 454 P.2d 237 (1969); In re Tidball, 40 F.2d 560 (D.C.Wyo.1930). Inasmuch as the last antecedent to "such" child in § 8 of the Act is a "female under the age of eighteen years" in § 7 thereo......
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...of china are not ‘household articles’ which has been construed to mean ‘a necessary article in ordinary housekeeping.’ In re Tidball , 40 F.2d 560 (D. Wyo. 1930)." A few items, including "a single set of china used for eating, furniture items, and potentially the rugs," may qualify as house......
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