Quackenbush v. Danks
Court for the Trial of Impeachments and Correction of Errors
Error to Onondaga common pleas. Danks sued Quackenbush in replevin in the court below for taking a horse and a harness; and the case was this: In January, 1837, one Fitch recovered a judgment against Danks in 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, the defendant in this suit, who was a deputy of the sheriff of the county of Onondaga; who took the property in…
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Error to Onondaga common pleas. Danks sued Quackenbush in replevin in the court below for taking a horse and a harness; and the case was this: In January, 1837, one Fitch recovered a judgment against Danks in 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, the defendant in this suit, who was a deputy of the sheriff of the county of Onondaga; who took the property in question by virtue of the execution; and for that taking this action was brought—Danks, the plaintiff in this suit,…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It is insisted by the plaintiff below that the exemption law of 1842 applies to executions for debts which were contracted before the law was passed. This is denied by the defendant. But if the plaintiff prevails upon that point, the defendant then insists that the statute is unconstitutional, on the ground that it is a “ law impairing the obligation óf contracts.”
Under the old law, many enumerated articles of property, when owned by a householder, were exempt from sale on execution, and from distress for rent. (2 R. S. 367, § 22, and p. 501, § 10.) Then came the…
2Cited by35 opinions
- Benson v. MayorNew York Supreme Court · 1850
- Morse v. . GooldNew York Court of Appeals · 1854
- Grimes v. BryneSupreme Court of Minnesota · 1858
- Lawrence v. . MillerNew York Court of Appeals · 1849
- People ex rel. Thorne v. HaysCalifornia Supreme Court · 1854
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