29 Ind. 507 | Ind. | 1868
Suit by Perkins against Bragg, sheriff' of Hamilton county, for the. possession of personal property. The question involved in the ease is, can an attachment defendant, after judgment and an order of sale of the attached property, claim it as exempt from sale on the final process issued on such judgment? In The State ex rel. Biddinger, v. Manly et al., 15 Ind. 8, it was held in the negative. It is claimed that that ruling is wrong. The statute on the subject is this: “ That an amount of property not exceeding in value three hundred dollars, owned by any resident householder, shall not be liable to sale on execution, or any other final process from a court, for any debt growing out of or founded upon a contract, express or implied.” 2 G. & H., § 1, p. 868. It is argued that this provision is broad enough to and does embrace final process on judgments in attachment, in which there is an order for the sale of attached property. The order of attachment only reaches lands and tenements, goods and chattels, of the defendant subject to execution. 2 G. & IL, §§ 164,165, p. 142. “Whether the property attached is subject to execution is res adjudícala, after judgment in attachment. The judgment against the property is a judgment in rem, and is as conclusive as a judgment against the person.
Statutes must be construed together. It was not the intention of the legislature that property exempt from execution should be attached, and there is no power given by law to attach such property. It would seem to follow that the final process issued on a judgment in attachment, order
The judgment is affirmed, with costs.