Legal Opinion

Harthouse v. Rikers

The Superior Court of New York City

Decided October 23, 1853PublishedCited by 6 opinions

Judgment was had against the plaintiff for costs of the action. On proceedings supplementary to execution, the examination disclosed that he .was a public carman, was a house-holder, and had a family for which he provided, and had “ one horse, a "harness, and cart,” which were exempt from execution, provided they came within the proper definition, of the word “ team.”

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Judgment was had against the plaintiff for costs of the action. On proceedings supplementary to execution, the examination disclosed that he .was a public carman, was a house-holder, and had a family for which he provided, and had “ one horse, a "harness, and cart,” which were exempt from execution, provided they came within the proper definition, of the word “ team.” Defendant insisted that the cart was not exempt, moved for a receiver, and that the cart be delivered over to the receiver.

1Opinion of the CourtBosworth, J.

(On consultation with all the other judges of the court.) A team is “ two or more horses, oxen, or other beasts, harnessed together to the same vehicle for drawing, as to a coach, chariot, wagon, cart, sled, sleigh, and the like.— Webster’s Die., unabridged. Team-work is “work done®by a team, as distinguished from personal labor.”—Id.

The object of exempting the team, of a house-holder, was doubtless to enable him to do team-work. Horses, without harness or vehicle, would be of but little service relatively. Morse v. Keyes, 6 How. P. R. 18, 21, concedes that a “ harness” is within the meaning…

2Cited by6 opinions

  1. Wilcox v. . HawleyNew York Court of Appeals · 1864
  2. Mallory v. BerrySupreme Court of Kansas · 1876
  3. Ford v. JohnsonNew York Supreme Court · 1861
  4. Van Buren v. LoperNew York Supreme Court · 1859
  5. Fields v. MoulNew York Supreme Court · 1862

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