Wygant v. Smith
New York Supreme Court
This was an action to recover the value of property upon which the defendant had levied under an execution, and sold, while sheriff of Steuben county. The plaintiff was nonsuited, and took this appeal upon a case made, and exceptions. The facts are stated in the opinion of the court.
1Opinion of the Court
By the Court
— Johnson, J.
The property which is the subject of this action, was clearly liable to be levied upon and sold by execution, at the instance of the plaintiff's creditors. It was not exempt from levy and sale by any statute, and was, therefore, subject to the claims of creditors, as all a debtor’s property is at common law. The ground upon which this action is sought to be maintained is, that it was exempted from such levy and sale under the statute of 1864 (see Laws of 1864, chap. 578, page 1332), exempting the pay and bounty of a soldier in the military service of the United States…
2Cited by13 opinions
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- H. Schneider & Bro. v. BrayTexas Supreme Court · 1883
- Cullen v. HarrisMichigan Supreme Court · 1896
- Giddens v. WilliamsonSupreme Court of Alabama · 1880
- Beecher v. BarberNew York Surrogate's Court · 1888
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