State ex rel. Peck v. Bowden

Citations

• 18 Fla. 17

Syllabus

<p>1. A debtor who is a member of a partnership engaged in mercantile business is not entitled to select from the partnership goods levied on by virtue of an execution against him, and to have exempted to him any portion of the partnership goods under the exemption laws of this State. «</p> <p>2. A writ of mandamus will not lie to compel a sheriff to cause an appraisement of personal property levied on, to enable the debtor in execution to select such as he desires to claim as exempt, after the property has been sold and delivered by the sheriff.</p> <p>3. An alternative writ of mandamus requiring a sheriff to cause an appraisement to be made of goods levied on, so that the debtor may select such as may be claimed to be exempt from levy and sale, should show that the debtor is a person entitled to claim the exemption.</p>