Parker v. Canfield

• Decision Date: 01 March 1898
• Court: Michigan Supreme Court
• Parties: PARKER v. CANFIELD.

74 N.W. 296

116 Mich. 94

PARKER v. CANFIELD.

Supreme Court of Michigan

March 1, 1898

Error to circuit court, Washtenaw county; Edward D. Kinne, Judge.

Action by Francis Parker against Lester Canfield. Judgment for plaintiff. Defendant brings error. Affirmed.

Lehman Bros., for appellant.

J. W. Bennett, for appellee.

GRANT, C.J.

The instruction was correct. When an officer levies under his execution upon exempt property, it is his duty to make an inventory, and allow the defendant in execution to select his exemptions. Stilson v. Gibbs, 53 Mich. 280, 18 N.W. 815; Hutchinson v. Whitmore, 90 Mich. 255, 262, 51 N.W. 451; Ostrander v. Packer, 35 Mich. 430; Town v. Elmore, 38 Mich. 305. Judgment affirmed. The other justices concurred.