State ex rel. Coles v. Shook

Citations

• 97 Ohio St. (N.S.) 164

Syllabus

<p>Execution — Exemptions — Statutes liberally construed• — Purchase money — Apportionment of judgment — Merger of accounts.</p> <p>1. Laws exempting property of a debtor from execution are to be construed liberally in his favor. A statutory provision in the nature of an exception to the general law on the subject of exemptions should be given a strict construction.</p> <p>2. The provision in Section 11738, General Code, that no personal property shall be exempt from execution on a judgment rendered for the purchase price or any part thereof, relates only to a.judgment rendered exclusively for the purchase price or a part of the purchase price of the property.</p> <p>8. A judgment rendered in a case where a claim for the purchase price of property is combined with a book account for merchandise is an entirety and indivisible, and a court, in a mandamus proceeding brought by the judgment debtor to require an officer in whose hands an execution has been placed for levy to set off certain property as an -exemption, is without power to apportion the judgment.</p>