Danks v. . Quackenbush
New York Court of Appeals
On error from the Supreme Court. Banks sued Quackenbush in the .Common Pleas of Onondaga County, in replevin for taking a horse and harness.
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On error from the Supreme Court. Banks sued Quackenbush in the .Common Pleas of Onondaga County, in replevin for taking a horse and harness. The case was this: In January, 1837, one Fitch recovered judgment against Banks m the Supreme Court, in an action upon contract, for $83 85. In January, 1843, an alias fieri facias was issued on the judgment, and delivered to Quackenbush, who was a Beputy Sheriff,, and who took the property in question by virtue of the execution; and for that taking the suit was brought. On the trial Banks claimed that the property was exempt from execution by the act of…
1DissentGardiner, J.
The decision of the Supreme Court will be affirmed, (upon an equal division of the members of this Court) as I understand, upon the ground exclusively, that the exemption act of 1842, under a retrospective construction, is in violation of that provision of the Constitution of the United States, which prohibits the States from passing any law impairing the obligation of contracts.
■ The law in question is as follows: “ In addition to the articles now exempt, there shall be exempted from distress and levy and. sale, necéssary household furniture, and working tools, and team owned by any person…
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