State ex rel. Johnson v. Knott

This is an action on a constable’s bond. It stands admitted by the pleadings that the plaintiff was the head of a family, and that the defendant constable, under an execution directed to him, seized and sold property of the plaintiff falling within the provisions of sections 2343 and 2346, of the Revised Statutes, without apprising the pdaintiff of his right of exemption.

The defendants, in their answer, averred that the *152plaintiff was about to move ont of the state with intent to change his domicil, when the levy was made. This part of the answer was, on motion of the plaintiff, stricken ont…