O'Reilly v. Erlanger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mitchell L. Erlanger, as sheriff of the county of New York, from an order of the Appellate Term of the Supreme Court, entered in the office of -the clerk of the county of New Fork on the 31st day of May, 1905, reversing an order of. the Municipal Court of the city of New York entered in the office of the clerk of said court on the 16th day of February, 1905, setting aside the verdict of a jury in favor of the plaintiff.
1Opinion of the Court
McLaughlin, J.:
The defendant, as sheriff of the county of New York, under a valid judgment-and execution, issued thereon against the plaintiff, levied upon a candelabrum, desk and safe. There was no dispute but what these articles belonged to the plaintiff, but he claimed they were exempt from levy and sale under section 1391 of the Code of Civil Procedure because he was a householder and they were necessaryprofessional instruments and furniture” employed by him in his business of. undertaker and of less than $250 in value. This claim not being recognized and the levy not being released upon *320h…
2Cases cited3 opinions
- Wilcox v. . HawleyNew York Court of Appeals · 1864
- Pennock v. FullerMichigan Supreme Court · 1879
- Conklin v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- State v. Winneshiek Co-Operative Burial Ass'nSupreme Court of Iowa · 1946
- Kram v. Manufacturers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Harford v. DagenhartOhio Court of Appeals · 1936