15 Ind. 8 | Ind. | 1860
Action by the appellant-against the appellees upan a constable’s bond. Biddinger, the relator, was sued
Errors are assigned upon the rulings of the Court upon questions as to the admissibility of testimony, and upon instructions given to the jury, and the refusal of the Court to instruct as asked.
The rulings in relation to the evidence were not made a ground of the motion for a new trial, consequently no question is properly before us in relation to those rulings. Kent v. Lawson, 12 Ind. R. 675. Instructions were given, and others refused, in relation to the meaning of the phrase, “resident householder,” as used in the statute exempting $300 worth of property from execution. "We deem it unnecessary to inquire whether any error was committed in giving or refusing charges, as the case was with the defendants, irrespective of the question whether the relator was a resident householder or otherwise. We do not decide whether an officer having served a writ of attachment can be required to set off to a defendant entitled to it, the amount of property allowed by law as exempt from execution, before the suit in which the attachment issued, has proceeded to final judgment. Such is not the case made by the complaint. Here, the claim to have the property exempted was made after the Court had ordered it to be sold, and we think the officer was justified
The judgment is affirmed with costs.