Cole v. Stevens
New York Supreme Court
This was an action commenced in October, 1848, before a justice of the peace of Wayne county. The plaintiff claimed to recover for the taking by the defendant, of necessary beds and bedding, one table and six chairs, being property exempt from execution by the revised Statutes, the plaintiff being a householder.
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This was an action commenced in October, 1848, before a justice of the peace of Wayne county. The plaintiff claimed to recover for the taking by the defendant, of necessary beds and bedding, one table and six chairs, being property exempt from execution by the revised Statutes, the plaintiff being a householder. The defendant justified the taking, as constable of the town of Palmyra, under and by virtue of an execution issued by Isaac E. Beecher, Esq., a justice of the peace of Palmyra, upon a judgment rendered against the plaintiff for the purchase price of a cook stove and furniture; which…
1Opinion of the Court
By the Court, Selden, J.
This case depends entirely upon the construction to be given to the act of 1842, exempting from levy and sale upon execution, property to the value of $150, in addition to that previously exempted by the provisions of the revised statutes. The other questions in the case are of no moment. Although the question put to the witness Mesick, was objectionable, as calling for the opinion of the witness instead of the facts in regard to the situation of the defendant’s family; yet the answer gave fully the very facts concerning which the inquiry should have been made. It is…
2Cases cited1 opinion
- Mathewson v. WellerNew York Supreme Court · 1846
3Cited by2 opinions
- Miller v. ZimerNew York Court of Common Pleas · 1887
- Snyder v. DavisNew York Supreme Court · 1874