Woodward v. Murray
New York Supreme Court
IN ERROR, to the Court of Common Pleas of Orange County. Murray brought an action of trover against Woodward for a cow. The defendant pleaded the general issue. It appeared on the trial, that M. had gone to the state of Ohio; and had left his family, consisting of his wife and children, residing in the house which he had occupied. It was reported that he had absconded to avoid his creditors.
Read the full summary
IN ERROR, to the Court of Common Pleas of Orange County. Murray brought an action of trover against Woodward for a cow. The defendant pleaded the general issue. It appeared on the trial, that M. had gone to the state of Ohio; and had left his family, consisting of his wife and children, residing in the house which he had occupied. It was reported that he had absconded to avoid his creditors. His> family, soon afterwards, in March, 1817, were about removing to the house of his wife’s father, a few miles distant; and while they were on the road in a wagon, with their household furniture, and…
1Opinion of the CourtPlatt, J.
There was an attempt by the defendant, at the trial, to show that the wife of M. consented to the taking of the cow, provided the officer would not seize the beds and other furniture; but I think that fact was not established ; and, besides, I do not think the wife had aright to waive the husband’s privilege, by turning out an only cow, in order to preserve other property which was not exempted from execution. Without special authority from her husband, a wife has no right to direct the officer to sell a cow, or a bed, articles exempted by law, in order to preserve such as are not exempted.
The…
2Cited by26 opinions
- Mazzilli v. Acc. & Cas. Ins. Co. of WinterthurSupreme Court of New Jersey · 1961
- Arthur v. MorganSupreme Court of the United States · 1884
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Phelps v. PhelpsIllinois Supreme Court · 1874
- Curtis v. O'BrienSupreme Court of Iowa · 1866
21 more not listed; retrieve them via the Exa API.