Freeman v. Smith
Supreme Court of Pennsylvania
Error to tbe Common Pleas of McKean county. This was an action of trespass by Brewster Freeman against George R. Smith, a constable, for levying upon and selling goods, of the plaintiff, which were exempt from execution by the Act of 9th April 1849. The defendant was charged with the collection of an execution, issued by a justice of the peace, in favour of S. B. Sartwell, against Brewster Freeman, the plaintiff.
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Error to tbe Common Pleas of McKean county. This was an action of trespass by Brewster Freeman against George R. Smith, a constable, for levying upon and selling goods, of the plaintiff, which were exempt from execution by the Act of 9th April 1849. The defendant was charged with the collection of an execution, issued by a justice of the peace, in favour of S. B. Sartwell, against Brewster Freeman, the plaintiff. He levied upon two cows belonging to Freeman, who claimed to retain the same under the $300 exemption law. They were appraised at less than $300. The officer then demanded other…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
— This was an action of trespass against the defendant in error for disregarding the provisions of the Act of 9th April 1849, which exempts $300 worth of a debtor’s property from levy and sale.
The act is imperative, that the officer charged with an execution or warrant of sale “ shall, if requested by the debtor,” cause to be appraised and set off property which such debtor shall elect to retain, “to the amount of $300, which shall be exempt from levy and sale.”
The refusal of the constable to obey the law in this case — the exemption having…
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