Legal Opinion

Snyder v. Davis

New York Supreme Court

Decided May 15, 1874Published

This cause was tried at the Montgomery county circuit on the 13th day of June, 1873, before justice James and a jury. After hearing proofs of the parties and the arguments of their counsel, a verdict was directed by the court in favor of the plaintiff for $130 damages, and the case reserved for the further consideration on defendant’s motion for a nonsuit; and such consideration having been had, the verdict directed was thereby ordered vacated, and judgment directed for the…

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This cause was tried at the Montgomery county circuit on the 13th day of June, 1873, before justice James and a jury. After hearing proofs of the parties and the arguments of their counsel, a verdict was directed by the court in favor of the plaintiff for $130 damages, and the case reserved for the further consideration on defendant’s motion for a nonsuit; and such consideration having been had, the verdict directed was thereby ordered vacated, and judgment directed for the defendant, on the motion for nonsuit, with costs. The plaintiff appealed to the general term. The facts are fully stated…

1Opinion of the CourtBockes, J.

The question in this case arises under the exemption act of 1842, amended in 1859, and again in 1866 *148(Laws of 1852, chap. 157; 1859, chap. 134; 1866, chap. 782). The sale was made by defendant, as constable, under an execution against the plaintiff, issued on a judgment rendered for the purchase-money of a cow, which cow was exempt property under the provisions of the Revised Statutes of 1830. The property sold was a. horse, harness, wagon and sleigh. And it is conceded that such property was exempt under the act of 1842, and the amendments thereof, unless it comes within the provisions of…

2Cases cited5 opinions

  1. Mathewson v. WellerNew York Supreme Court · 1846
  2. Smith v. SladeNew York Supreme Court · 1870
  3. Davis v. PeabodyNew York Supreme Court · 1850
  4. Hickox v. FayNew York Supreme Court · 1861
  5. Cole v. StevensNew York Supreme Court · 1851

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