[DOWNLOAD] "State v. Justice of the Peace Court Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: State v. Justice of the Peace Court Et Al.
• Author : Supreme Court of Montana
• Release Date : January 03, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Attachment and Execution ? Exemptions ? Nature of Personal Property Exempt to Coal Miner ? Justices of the Peace ? Jurisdiction ? Certiorari. Certiorari ? When Writ Lies. 1. The writ of certiorari lies only when the lower court has acted in excess of jurisdiction, and when there is no appeal nor any plain, speedy and adequate remedy in the ordinary course of law. Justices of the Peace ? Appeals to District Court. 2. Appeals from justice of the peace courts are matters of statutory regulation, and one who claims the right must point out the statutory authority therefor. Same ? Exemptions from Attachment ? Jurisdiction of Justice. 3. A justice of the peace may, on motion supported by affidavit or evidence, determine the validity of a claim for exemption of personal property seized under attachment issued out of his court. - Page 2 Attachment ? Exemptions ? What Insufficient to Deprive Craftsman of Benefits of Exemption Statute. 4. To entitle a workman to the benefits of the statute declaring what tools, implements and appliances necessary for carrying on his occupation shall be exempt from execution, it is not necessary that he shall have plied his trade without intermission or interruption; if for any reason he found it necessary or expedient to resort temporarily to some other means of securing a livelihood and intended to return to his original occupation as soon as circumstances would permit, he is entitled to the protection of the statute. Exemptions ? Rule of Construction of Statute. 5. While exemption statutes must be liberally construed, such construction does not permit a plain disregard of the legislative mandate, and when the claim is made by one belonging to a certain class provided for in the statute, he must show that he comes within that class. Same ? Attachment ? Personal Property Exempt to Coal Miner. 6. Held, that a miners coal cars, mining and tie timbers, rails and a wagon scale used in coal mining were properly held exempt from attachment to the value of $1,000 under subdivision 5, section 9428, Revised Codes 1921, declaring what shall be exempt from execution to a miner who is married or the head of a family, as "implements" forming a part of his equipment for work.

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