Allen v. Clark

Citations

• 126 F. 738
• 62 C.C.A. 58
• 1903 U.S. App. LEXIS 4362

Syllabus

<p>1. Homestead Exemption — Judgments in Favor of United States for Fines or Penalties.</p> <p>Rev. St. § 1042 [U. S. Comp. St. 1901, p. 724], which provides that a poor convict, who has been imprisoned 30 days solely because of the nonpayment of a fine or fine and costs, may be released on making oath that he has not any property exceeding $20 in value, “except such as is by law exempt from being taken on execution for debt,” construed in connection with section 1041 [U. S. Comp. St. 1901, p. 724], providing for the collection of fines and penalties by execution against the property of the defendant “in like manner as judgments in civil cases are enforced,” evidences an intention on the part of Congress to place the United States on an equality with civil contract creditors in the enforcement of judgments in criminal and penal cases, and to give the families of poor convicts the full benefit of the exemption and homestead laws of the states as against such judgments; and, in the absence of any statute expressly providing therefor, an execution on a judgment for a fine in favor of the United States cannot be levied on the defendant’s homestead in Virginia, although under the state law such homestead is only exempt from contract debts, and not from judgments for torts or in favor of the commonwealth in criminal cases.</p>