Bumpus v. Maynard
New York Supreme Court
THIS action was brought in a justice’s court, against the defendant, sheriff of Onondaga county, for not collecting an execution delivered to one of his deputies, issued on a judgment recovered by the plaintiff against one, Losee, as he might and ought to have done.
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THIS action was brought in a justice’s court, against the defendant, sheriff of Onondaga county, for not collecting an execution delivered to one of his deputies, issued on a judgment recovered by the plaintiff against one, Losee, as he might and ought to have done. It was proved on the trial that a judgment had been recovered by the plaintiff against said Losee, on confession, in the supreme court, for the sum of $164.61, on the 27th day of May, 1859; that an execution issued on that judgment was delivered to orie Salsbury, a deputy of the defendant, and that it was returned nulla bona on…
1Opinion of the Court
By the Court, Mullin, J.
On the trial the plaintiff proved the value of every article of clothing found in the room where Losee,1 the defendant in the execution, slept. These articles included the articles of wearing apparel, necessary to cover the nakedness of Losee, and the judgment is for the whole value thus proved. If the necessary clothing of the debtor is not liable to execution, the judgment is erroneous and should be reversed.
Losee, not being a man of family, is not within the statutes exempting property from execution. If the clothing of a man without family is exempt, it must be by…
2Cases cited2 opinions
- Bowne v. WittNew York Supreme Court · 1838
- Cooke v. GibbsMassachusetts Supreme Judicial Court · 1807
3Cited by4 opinions
- Stewart v. McClungOregon Supreme Court · 1885
- Neasham v. McNairSupreme Court of Iowa · 1897
- In re SteeleDistrict Court, W.D. Tennessee · 1879
- Serven v. Lowerre, New York County Courts1893