State ex rel. Clayton v. Kurtzeborn

The petition alleges that defendant, as constable, had an •execution for $40 and costs against Clayton, to whose use plaintiff sues, by virtue of which, on August 25, 1874, he .seized and sold a horse, gig, and harness of Clayton’s, who •was then a practicing physician, and head of a family, residing in St. Louis county; that at the seizure he duly notified defendant that he claimed said property as exempt under the statutes, and that his -entire property did not .amount in value to the amount exempted by law from execution. He lays his damages at $300.

Defendant, in his answer, admits the…