Smothers v. Holly

This was an action brought against a constable, to recover three times the value of a cow, levied on and sold by him under an execution against the plaintiff. The case was tried by the court and judgment given for the plaintiff.

We are of opinion that, in this judgment, the court erred. The plaintiff claimed the cow as exempt, but did not offer to turn out other property. It is in proof that he owned another cow and calf, two horses and a wagon, and had them in his possession. As held by this court in Cook v. Scott, 1 Gilm. 333, if he desired to claim the cow under the statute, he should have…