Willson v. Ellis
Court for the Trial of Impeachments and Correction of Errors
Error from the Seneca common pleas. Ellis sued Willson before a justice of the peace and declared in trespass, for taking a clock, to which the defendant pleaded the general issue. The cause was tried by a jury. The defendant was a constable and took the clock cn an execution against the plaintiff.
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Error from the Seneca common pleas. Ellis sued Willson before a justice of the peace and declared in trespass, for taking a clock, to which the defendant pleaded the general issue. The cause was tried by a jury. The defendant was a constable and took the clock cn an execution against the plaintiff. The plaintiff was a householder, and had a family—his whole property being worth about $60. The jury found for the defendant, and judgment was rendered in his favor by the justice, but this was reversed by the common pleas on certiorari.
1Opinion of the Court
By the Court, Beardsley, J.
By the act of 1842, (Laws 1842, p. 193, § 1,) “ necessary household furniture and working tools and team owned by any person being a householder, or having a family for which he provides, to the value of not exceeding one hundred and fifty dollars,” are exempt from levy *463and sale under execution. The plaintiff was a householder, and his property in value was far short of the amount to which the exemption extends. The only question is whether a clock was “ necessary household furniture.”
A clock may fall within the description of “ household furniture,” but whether “…
2Cases cited1 opinion
- Van Sickler v. JacobsNew York Supreme Court · 1817
3Cited by6 opinions
- Van Schaick v. . Third Avenue R.R. Co.New York Court of Appeals · 1868
- Seaman v. LuceNew York Supreme Court · 1856
- In re SteeleDistrict Court, W.D. Tennessee · 1879
- Smith v. SladeNew York Supreme Court · 1870
- Richards v. HubbardSupreme Court of New Hampshire · 1879
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