KELLY v. DEGELAU

No. 48271.

58 N.W.2d 374 (1953)

KELLY v. DEGELAU et al.

Supreme Court of Iowa.

May 5, 1953.


Attorney(s) appearing for the Case

Birdsall & McLendon, of Waterloo, for appellant.

T. Eugene Thornton, of Waterloo, for appellees.


MULRONEY, Justice.

Plaintiff, a judgment creditor, levied execution on the automobile owned by Russell Shipp, the judgment debtor. The levy was made under the provisions of Rule 260(b), Iowa Rules of Civil Procedure, 58 I.C.A. The defendant, Shipp, gave notice to the effect that he was a laborer and head of a family and the automobile seized was a vehicle by the use of which he habitually earned his living, and therefore exempt from execution. The matter was set for...

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