Legal Opinion

Driggs v. Roth

Appellate Court of Illinois

Decided September 11, 1901PublishedCited by 1 opinion

Action to Recover Double tlie Value of Exempt Property Taken on Execution. — Appeal from the City Court of Canton; the Hon. John A. Gray, Judge, presiding. Heard in this court at the May term, l9(/i.

1Opinion of the CourtJustice Wright

This was a suit by the appellee against the appellant, a constable, to recover double the value of property seized under execution and claimed to be exempt from execution.

Appellee executed and delivered a schedule in. which, among other property, he described “ forty or fifty dollars worth of meat.” The appraisement showed more than that amount of meat. The officer requested the debtor to select forty or fifty dollars worth of meat, to which the latter objected, demanding all of it. Whereupon the officer set off to the debtor §62.57of the meat and took and sold the residue under the…

2Cited by1 opinion

  1. Burns v. TurnerAppellate Court of Illinois · 1915

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