Radcliff v. Wood
New York Supreme Court
THIS was a motion for a new trial, upon exceptions. The action was tried at the Ulster circuit, in October, 1855, before Mr. Justice Watson. The plaintiff claimed to recover the value of a horse which had been taken from his possession by the defendants. The defendants, in their answer, justified the taking, under an execution against the plaintiff.
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THIS was a motion for a new trial, upon exceptions. The action was tried at the Ulster circuit, in October, 1855, before Mr. Justice Watson. The plaintiff claimed to recover the value of a horse which had been taken from his possession by the defendants. The defendants, in their answer, justified the taking, under an execution against the plaintiff. Upon the trial, the plaintiff proved by a constable, that, having an execution against the plaintiff upon a judgment in favor of the defendants, he had, by the direction of the defendants, levied upon the interest of the plaintiff in a brown horse…
1Opinion of the Court
By the Court, Harris, J.
The plaintiff showed himself in a situation to be entitled to have his team, if he owned one, exempt from levy and sale under execution. He had, in his possession, a horse, for which he claimed this exemption. But it was shown that he was not the sole owner of this horse, and because he was only an owner in common with another person, the judge at the circuit thought he was not within the provisions of the statute. In this, I think, he was wrong. The statute declares that, besides other articles, there shall be exempted from levy and sale a team owned by a person being…
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