Bowne v. Witt
New York Supreme Court
Error from the Schoharie common pleas. Bowne sued Witt in an action of replevin for taking his cloak. The defendant justified the taking, as a constable, by virtue of an execution against the plaintiff.
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Error from the Schoharie common pleas. Bowne sued Witt in an action of replevin for taking his cloak. The defendant justified the taking, as a constable, by virtue of an execution against the plaintiff. The plaintiff insisted that the cloak was exempt from execution under the provisions of the statute exempting the wearing apparel of a householder and his family, 2 R. S. 254, § 169. The plaintiff is between 35 and 40 years of age, resides with his stepmother the owner of a house and farm and who has a family consisting of eight persons, and transacts the necessary business of the family. The…
1Opinion of the Court
By the Court,
Bronson, J.
The statute declares that “the following property when owned by any person being - a householder,” shall be exempt from execution, and after enumerating various articles, adds—“ all necessary wearing apparel, beds, bedsteads and bedding for such person and his family.” 2 R. S. 254, § 169. The word “householder,” in this statute, means the head, master, or person who has the charge of and provides for a family, and does not apply *476to the subordinate members or inmates of the househóld Mrs. Bowne was evidently the head of this family and the plaintiff cannot maintain the…
2Cited by19 opinions
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- Berghean v. BergheanIndiana Court of Appeals · 1943
- Griffin v. SutherlandNew York Supreme Court · 1852
- Wood v. WoodSupreme Court of Connecticut · 1893
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