State ex rel. Kahoon v. Krumpus

Lake, Ch. J.

A peremptory writ of mandamus having been awarded on an ex parte hearing and without the care that ought to have been observed, on application of the defendant a rehearing was ordered.

The application for the writ was based upon the refusal of the defendant, as constable, to proceed, at the relator’s request, to have his property appraised, and that which was exempt from execution ascertained and set off to him, as provided by secs. 521, 522, and 523 of the code of civil procedure.

The first of these sections provides that: “All heads of families who have neither lands, town lots,…