Saturday, June 01, 2013

"as may be necessary for upholding life"

Turner, J. delivered the opinion of the Court.--The statute passed in 1797, page 208-9, sec. 1, authorizes the levying of executions upon the property, goods or chattels of the debtor; "always excepting one cow, and such suitable apparel, bedding, tools, arms, and articles of household furniture, as may be necessary for upholding life." [David Leavitt vs. Joseph Metcalf. Windham, Febuary, 1829. Pg. 343]

   "The opinion of the Court was delivered by.
   "Prentiss, J.--The statute, directing the levying and serving of executions, exempts from execution, "one cow, and such suitable apparel, bedding, tools, arms, and articles of household furniture, as may be necessary for upholding life."--(Comp. Stat. p. 208. s. 1.)--Though the exemption, in terms, is confined to executions, yet as the object of an attachment is to take property to be sold on execution in satisfaction of the judgment which may be recovered, chattels, which cannot lawfully be seized and sold on execution, cannot lawfully be attached."[Alphonzo Kilburn vs. Asahel Demming. Franklin, January, 1829. Pg. 404]

- REPORTS OF CASES ARGUED AND DETERMINED in the SUPREME COURT OF THE STATE OF VERMONT. REPORTED BY THE JUDGES OF SAID COURT, AGREEABLY TO A STATUTE LAW OF THE STATE. VOL. II. ST. ALBANS: J. SPOONER.....PRINTER. 1830.   

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