Dains v. Prosser
New York Supreme Court
THIS was an appeal from a judgment of the county court of the county of Yates in favor of Prosser against Dains. Dains sued Prosser in a justice’s court to recover the value of a wagon taken by Prosser and sold. Prosser justified the taking, as a constable, under an execution against Dains, and Dains claimed that the property was exempt as constituting a part of a team.
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THIS was an appeal from a judgment of the county court of the county of Yates in favor of Prosser against Dains. Dains sued Prosser in a justice’s court to recover the value of a wagon taken by Prosser and sold. Prosser justified the taking, as a constable, under an execution against Dains, and Dains claimed that the property was exempt as constituting a part of a team. The justice rendered judgment in favor of Dains for $12 damages and $3.64 costs, -from which judgment Prosser appealed to the county court of Yates county, which court reversed the judgment of the justice. From the judgment…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
Prima facie, all the personal property of a judgment debtor is liable to levy and sale upon execution. If he would claim exemption for any of such property he must bring himself and his property within the exceptions of some statute, by proper proof. Eo property in his possession is exempt per se. The plaintiff in this case duly proved that he possessed the character entitling him to an exemption of the property specified in the provisions of the revised statutes exempting certain property from sale on execution, and also specified in the acts of 1842 as…
2Cases cited2 opinions
- Van Sickler v. JacobsNew York Supreme Court · 1817
- Lockwood v. YoungloveNew York Supreme Court · 1858
3Cited by8 opinions
- Blythe v. JettSupreme Court of Arkansas · 1889
- Wilcox v. HoweNew York Supreme Court · 1891
- Meyer v. HalberstadtNew York Supreme Court · 1904
- Richards v. HubbardSupreme Court of New Hampshire · 1879
- Beecher v. BarberNew York Surrogate's Court · 1888
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