Barnes v. Rogers
Illinois Supreme Court
Rogers, the plaintiff below, complained of Barnes, the defendant below, in trespass, for taking certain personal property, which Barnes had taken on an execution, he being at the time a constable of Hancock county. Rogers claimed that the pro perty was exempt from execution. The cause was tried before Sibley, Judge.
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Rogers, the plaintiff below, complained of Barnes, the defendant below, in trespass, for taking certain personal property, which Barnes had taken on an execution, he being at the time a constable of Hancock county. Rogers claimed that the pro perty was exempt from execution. The cause was tried before Sibley, Judge. The court gave the following instructions on the part of the plaintiff, to wit : 1st. That if the jury believe, from the evidence, that the defendant levied upon and sold sixty bushels of wheat of the plaintiff, which had been previously selected by the plaintiff as exempt, and…
1Opinion of the CourtWalker, J.
This was an action of trespass, instituted by Rogers against Barnes, before a justice of the peace, to recover damages for the levy and sale of property, claimed to have been exempt from execution. There is an absence of all evidence in this case, that appellee was at the time the levy was made, the head of a family, and residing with the same. It is such persons alone who have, under the statute, the right to claim this exemption, for the description of property sold on the execution, and for the selling of which this suit was instituted. But even if there was evidence tending to prove that…
2Cited by2 opinions
- Schwartz v. BirnbaumSupreme Court of Colorado · 1895
- Wabash Railroad v. DouganAppellate Court of Illinois · 1891