2 Rob. 81 | La. | 1842
The petitioners having attached a library, consisting of law books and other miscellaneous works, belonging to the defendant, an absent debtor, a rule was taken to set aside the attachment on the ground that the defendant was a lawyer, and his books were not liable to seizure under this process. The court, after hearing the parties, made the rule absolute as to the law books ; and the plaintiffs have appealed.
The defendant’s counsel relies upon article 644 of the Code of Practice, which exempts from seizure under execution, among other things, the tools and instruments necessary for the exercise of the trade or profession by which the debtor gains a living. In the case for which this article provides, we would probably have no hesitation in declaring that the books of professional men should be exempted from seizure. The law books of a lawyer are perhaps no less necessary to the proper exercise of his profession, than the tools of a mechanic are to the latter to enable him to carry on his trade. But this article contemplates, we apprehend, an entirely different case from the one before us. It is clearly dictated by public policy as well as by humanity. While it encourages the exercise of all useful trades and professions, it enables the unfortunate debtor to sustain himself and-family by
It is therefore ordered that the judgment of the District Court be reversed, that the rule taken by the defendant be discharged, and that the case be remanded for-further proceedings. The costs of this appeal to be paid by the appellee.