Ostrander v. Packer
Michigan Supreme Court
Error to Saginaw Circuit. This was replevin, brought by Packer to recover a horse, which Ostrander, as deputy sheriff, bad levied upon and taken by virtue of a writ of attachment against Packer. The horse was claimed by Packer to be exempt' from execution, and it was shown that he was engaged in a business which required the use of a team.
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Error to Saginaw Circuit. This was replevin, brought by Packer to recover a horse, which Ostrander, as deputy sheriff, bad levied upon and taken by virtue of a writ of attachment against Packer. The horse was claimed by Packer to be exempt' from execution, and it was shown that he was engaged in a business which required the use of a team. The value of the horse was variously estimated by the witnesses at from one hundred to two hundred and fifty dollars, and it was shown that Packer also had at the time another horse and a harness. There was also evidence that the horse in question was a…
1Opinion of the Court
Cooley, Ch. J.t
We think the circuit judge was correct in instructing the jury that on the undisputed facts of the case the plaintiff was entitled to recover. He was entitled to exemption for a team, and if the officer claimed that what he had which would answer the designation was of greater value than the *statute exemption, he should have levied on the whole and had it appraised, to give opportunity for the selection the statute provides for. This was not done, the officer erroneously believing no exemption was allowable.
The judgment is affirmed, with costs.
The other justices concurred.
2Cited by4 opinions
- McCausey v. HoekMichigan Supreme Court · 1910
- Nolan v. City of OwensboroCourt of Appeals for the Sixth Circuit · 1935
- Boyle v. WalshMichigan Supreme Court · 1895
- Parker v. CanfieldMichigan Supreme Court · 1898