12 N.Y.S. 783 | N.Y. Sup. Ct. | 1891
This is an appeal by the defendant from a judgment of the •Jefferson county court, entered upon the verdict of a jury, rendered under the direction of the court. The judgment awarded to the plaintiff the possession of a horse and wagon, and determined their value at $85. It also awarded to the plaintiff 6 cents damages, and $72.59 costs. The action was to recover the possession of the horse and wagon in question. They had been levied upon and taken by the defendant as a constable by virtue of a warrant of attachment against the property of the plaintiff issued out of a justice’s court. The plaintiff based his right to recover the possession of the property on the ground that it was exempt from levy and sale under execution. It was not exempt under the provisions of section 1890 of the Code of Civil Procedure. If exempt, it was under section 1391, and because it constituted a part of the working tools or team of the plaintiff, who was a householder hav