Fields v. Moul
New York Supreme Court
This was an action of trespass, and was tried in a justice’s court in Ulster county, on September 6, 1859, when the following facts were proved: The defendant, as a constable, by virtue of an execution against the property of the plaintiff, in or about the month of July, 1859, levied upon a quantity of oats, and a tow-line, belonging to the plaintiff, who was a householder, having a family for which he provided. ' The plaintiff had only such property as is exempt from levy…
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This was an action of trespass, and was tried in a justice’s court in Ulster county, on September 6, 1859, when the following facts were proved: The defendant, as a constable, by virtue of an execution against the property of the plaintiff, in or about the month of July, 1859, levied upon a quantity of oats, and a tow-line, belonging to the plaintiff, who was a householder, having a family for which he provided. ' The plaintiff had only such property as is exempt from levy and sale under execution. The oats were necessary food for the plaintiff’s team, for a period less than ninety days. The…
1Opinion of the Court
By the Court.*—Hogeboom, J.
It is not made a point for the appellant that the oats and tow-line were not exempt from execution. It would seem that they are. (2 Rev. Stat., 255; Laws of 1842, 193, ch. 157; Laws of 1859, 343, ch. 134; Hart-house a. rikers, 1 Duer, 606; Wheeler a. Cropsey, 5 How. Pr., 288; Bitting a. Vandenburgh, 17 lb., 80 ; Radcliff a. Wood, 25 Barb., 52; Lockwood a. Younglove, 27 Ib., 505.) It is suggested that the exception does not extend to the new tow-line, as it had never been used. But it had been bought and was prepared for use—was sworn to be necessary for the…
2Cases cited10 opinions
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Story v. . the New-York and Harlem Railroad Co.New York Court of Appeals · 1851
- Radcliff v. WoodNew York Supreme Court · 1857
- Alexander v. HoytNew York Supreme Court · 1831
- Farrell v. CalkinsNew York Supreme Court · 1851
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