8 Mich. 48 | Mich. | 1860
The case finds that the plaintiff in error, as sheriff of the county of Jackson, seized upon all the personal property of the defendant, consisting of horses, wagon and harness, which were necessary to enable him to carry on his busi
It is claimed by the plaintiff in error, that there can be no exemption of a team, a wagon, or harness, separately under this finding, on the ground that all were found to be necessary, and not a part only. We think there is no force in this objection. The statute exempts any articles whatever necessary to enable a person to carry on the business in which he is principally engaged, so long as the articles set apart do not exceed $250 in value. The defendant, if he had been afforded the opportunity, might have selected that amount either in goods or in such of his other property mentioned as he pleased. He may select a single horse, or a wagon, as well as a double team with or without a wagon. And he might prefer to save a small stock of merchandise, to carry on his peddling business on a lighter scale without a wagon.
We held in Elliott v. Whitmore, 5 Mich. 532, that it it was the sheriff’s duty on the levy of an execution upon goods, a portion of which were exempt by law, to have an inventory and appraisal made out, and permit the defendant to select, or, on his neglect, to select for him property to the amount allowed by law; and that, failing in this ■duty, he was liable do an action.— 2 Comp. L. p. 1212, §§4466, 4467. We think the duty of the officer is equally clear tinder the attachment law. The writ is issued commanding the seizure only of such property as is exempt from execution. Upon seizing property the officer is requir
There was no error in the judgment, and it must be affirmed with costs.