Paddock v. Balgord

Citations

• 2 S.D. 100
• 48 N.W. 840
• 1891 S.D. LEXIS 11

Syllabus

<p>1. The findings of fact by a referee will not be disturbed, if there is any . substantial evidence to support them.</p> <p>2. Under Section 5130, Comp. Laws, providing how a judgment debtor may claim his additional exemptions, it is not a fatal omission that the schedule made by the debtor fails to state that it includes all his personal property. The section itself contemplates the possibility of such an omission, and specifically declares the consequences, not that the schedule shall be void, but that omitted property shall not bp exempt.</p> <p>3. When the execution debtor, within the time limited by statute, delivers to the officer having the execution the schedule provided for in said Section 5130, it becomes the duty of the officer to see that an appraisement is made as provided in Sections 5131 and 5132; and in an action by the execution debtor against the officer for taking such property, he cannot claim in his defense that the property was not shown to be exempt because no appraisement was made.</p> <p>4. The allegation or proof that the judgment upon which the execution was issued is “a judgment for labor” is not equivalent to an allegation or proof that it was a judgment for “laborer’s or mechanic’s wages,” within the meaning of Section 5136.</p> <p>5. A party invoking the protection of a proviso or exception, to avoid the effect of a general law, must show himself clearly within the terms of the exceptions.</p> <p>(Syllabus by the Court:</p>