Rue v. Alter
New York Supreme Court
Error to the Montgomery common pleas. .The cause originated in a justice’s court, where Alter as plaintiff recovered a judgment against Rue in an action of trespass de bonis asportatis, which judgment the common pleas affirmed on certiorari brought by Rue; who thereupon prosecuted this writ of error.
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Error to the Montgomery common pleas. .The cause originated in a justice’s court, where Alter as plaintiff recovered a judgment against Rue in an action of trespass de bonis asportatis, which judgment the common pleas affirmed on certiorari brought by Rue; who thereupon prosecuted this writ of error. In the court below the defendant justified the taking of the property in question, which consisted of crops of corn and oats growing, as a constable, by virtue of a judgment and execution against the plaintiff. The plaintiff was a householder, &c.; and he proved that the corn and oats, which he…
1Opinion of the Court
By the Court, McKissock, J.
The only question in this case is whether necessary food for a team, exempt from execution under the law of 1842, is also exempt. By the provision in the- revised statutes on this subject, among other property “ one cow and two swine and the necessary food for them,” are exempt. (2 R. S. 367, § 22.) The act of 1842 declares that “ in addition to the articles now exempt by law from distress for rent or levy and sale under execution, there shall be ex*120empted from such distress and levy and sale necessary household furniture and working tools, and team owned by any…
2Cited by6 opinions
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- Allen v. CookNew York Supreme Court · 1858
- Commercial Bank of Kentucky v. . VarnumNew York Court of Appeals · 1872
- Allen v. CookNew York Supreme Court · 1858
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