Donaldson v. Banta

The controlling question in this case is, does the right of exemption exist against an execution issued upon a judgment for costs in favor of the defendant against an unsuccessful plaintiff in an action founded upon or growing out of contract?

If such right exists it is conferred by section 703, E. S. 1881, which provides that an amount of property not exceeding six hundred dollars in value shall be exempt from sale upon execution or other final process “ for any debt growing out of or founded upon contract express or implied.”

3STo exemption is allowed under this statute unless the debt under…