Smith v. Sills

— The appellee declared upon a promissory note, and the appellant pleaded by way of set-off that the appellee was indebted to him upon a promissory note and a judgment in a sum exceeding the amount due on the note on which the complaint is founded. The appellee replied that he was a resident householder of the State, that he had less property than the law exempts from execution, and that he claimed the note in suit as exempt from execution under the statute. The reply was held good on demurrer.

Our decisions settle the question in favor of the appellee, for they adjudge that the maker of a…