Legal Opinion

Tillotson v. . Wolcott

New York Court of Appeals

Decided January 5, 1872PublishedCited by 16 opinions

Appeal from an order of the General Term of the Supreme Court in the seventh judicial district, affirming an order of the County Court of Ontario county, directing a receiver of the property of the defendant, Wolcott, appointed in this action under proceedings supplementary to an execution, to release, in favor of said defendant, a judgment recovered by him against Herrick Hunger amounting to $79.77 for damages sustained by said W olcott by reason of the seizure and sale by…

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Appeal from an order of the General Term of the Supreme Court in the seventh judicial district, affirming an order of the County Court of Ontario county, directing a receiver of the property of the defendant, Wolcott, appointed in this action under proceedings supplementary to an execution, to release, in favor of said defendant, a judgment recovered by him against Herrick Hunger amounting to $79.77 for damages sustained by said W olcott by reason of the seizure and sale by Hunger, on execution, of a horse belonging to Wolcott, which was, by law, exempt from seizure and sale on execution. The…

1Opinion of the Court

There was no dispute as to the validity of the claim of Wolcott, that his horse was exempt from levy and sale under execution, according to the provisions of the Revised Statutes, directing the exemption of household furniture, working tools and team owned by a person who being a householder, or having a family for which he provides, to the value of $250, and food for the team not exceeding ninety days; provided that the exemption shall not operate against a demand for the purchase-money of such articles.

The judgment of Wolcott against Munger, which Tillotson sought to reach by proceedings…

2Cited by16 opinions

  1. Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
  2. Chase v. SwayneTexas Supreme Court · 1895
  3. Simpson v. BiffleSupreme Court of Arkansas · 1896
  4. Cullen v. HarrisMichigan Supreme Court · 1896
  5. Kaiser v. SeatonSupreme Court of Iowa · 1883

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