Waldo v. Gray
Illinois Supreme Court
Gray sued Waldo in trespass, alleging that Waldo, as a constable, levied an execution upon a mare owned by Gray, which Gray being the head of a family, and residing within said county, claimed to be exempt from execution.' Waldo filed bis plea of not guilty, with a notice of the special matters he should offer in his defence.
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Gray sued Waldo in trespass, alleging that Waldo, as a constable, levied an execution upon a mare owned by Gray, which Gray being the head of a family, and residing within said county, claimed to be exempt from execution.' Waldo filed bis plea of not guilty, with a notice of the special matters he should offer in his defence. At November term, 1851, of the Morgan Circuit Court, Woodson, Judge, presiding, the cause was submitted to a jury, and the trial resulted in a verdict and judgment in favor of Gray, for the sum of $170 and costs. Waldo prayed an appeal:
1Opinion of the CourtTreat, C. J.
It was decided by this court in the case of Cook v. Scott, 1 Gilman, 333, that where a constable levies an execution on property which is indivisible and of greater value than' $60, the judgment debtor cannot claim it as exempt from execution under the statute. He cannot even retain it by paying the officer the excess in money, for such property is regarded as unsuitable to his condition in life. In this case, therefore, the value of the property was a material inquiry on the trial. If it was worth more than $60, it was subject to sale on the execution, and the plaintiff had no cause of…
2Cited by1 opinion
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