Smith v. Slade
New York Supreme Court
THIS action was brought to recover the value of a horse, wagon, harness and sleigh, all of the value of $115, which the defendant caused to be sold on an execution issued upon a judgment in favor of himself, and against the plaintiff and. one John E. Smith. The plaintiff claimed the property at the time of the sale as exempt from levy and sale on execution, and forbade the sale on that ground, mentioning each article by name.
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THIS action was brought to recover the value of a horse, wagon, harness and sleigh, all of the value of $115, which the defendant caused to be sold on an execution issued upon a judgment in favor of himself, and against the plaintiff and. one John E. Smith. The plaintiff claimed the property at the time of the sale as exempt from levy and sale on execution, and forbade the sale on that ground, mentioning each article by name. At the time of the sale, the plaintiff was a householder, having a family for which he provided. He owned no horse, sleigh, wagon or harness other than those in…
1Opinion of the Court
By the Court, Potter, J.
There is no conflict of facts in this case. The questions raised are strictly those of law; they are questions involving the construction of the . statutes, and most of them have been judicially passed upon by the courts, whose decisions we are bound to regard and adopt. The statute, the construction of which is most particularly called in question, is the statute of 1842, as amended in 1866. The statute of 1842 was an amendment of the Revised Statutes; adding thereto an exemption to the amount of $150, of necessary household furniture, and working tools, and team…
2Cases cited4 opinions
- Griffin v. SutherlandNew York Supreme Court · 1852
- Willson v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wheeler v. CropseyNew York Supreme Court · 1850
- Davis v. PeabodyNew York Supreme Court · 1850
3Cited by6 opinions
- Blythe v. JettSupreme Court of Arkansas · 1889
- Thibault v. LennonOregon Supreme Court · 1901
- Brooks v. HathawayNew York Supreme Court · 1876
- Knapp v. O'NeillNew York Supreme Court · 1887
- Russell v. DeanNew York Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.