Amend v. Smith

Citations

• 87 Ill. 198

Syllabus

<p>1. Exemption—when to be claimed, and its extent. The debtor is required to make the selection of the property, under the clause of the statute exempting $100 worth “ of other property,” and it must be done at the time of the levy or when he has notice of the levy.</p> <p>2. Construction of a statute—not by the jury. In an action of replevin, by an execution debtor against an officer, for a lot of corn exceeding in value $100, claimed as being exempt from levy, it is error to instruct the jury that in determining the exemption to which the plaintiff is entitled it is their duty to construe the law liberally towards the plaintiff.</p>