Parshley v. Green , 58 N.H. 271 ( 1878 )


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  • The sled was exempt from attachment, but the wagon was not. Wilkinson v. Alley, 45 N.H. 551; Pierce v. Gray, 7 Gray 67; Webster v. Orne, 45 Vt. 40.

    The sled was obtained and used by the plaintiff for the purpose of drawing wood and timber, cut from his wood-lot, to the market for sale, and for his own use, and the case finds that he was engaged in this business when not employed at his trade as a shoemaker; and we think the sled may be regarded as a tool of the plaintiff's occupation, within the meaning of the statute.

    The wagon was a one-horse buggy, and the plaintiff used it for the purposes for which such wagons are ordinarily used. It cannot be regarded as a tool of the plaintiff's trade as a shoemaker; neither was it used for drawing wood and lumber from his land. Its use may have been a convenience, but it was not a necessity, either in the plaintiff's employment at his trade or in the use of his land; and we do not think it comes within the class of articles exempted from attachment.

    Case discharged.

    BINGHAM, J., did not sit.

Document Info

Citation Numbers: 58 N.H. 271

Judges: CLARK, J.

Filed Date: 3/5/1878

Precedential Status: Precedential

Modified Date: 1/12/2023