Thompson v. Donahoe

Citations

• 16 S.D. 244
• 92 N.W. 27
• 1902 S.D. LEXIS 106

Syllabus

<p>1. Whore, in an action against a sheriff for wrongful levy, it was alleged that on or about the 7th day of November, 1899, C. T., who was, and ever since has been, and now is the wife of the plaintiff, duly claimed all the personal property levied on, as exempt, etc., an objection that the complaint was defective for failure to allege that plaintiff was the head of the family was untenable.</p> <p>2. Where, in an action for wrongful levy on property claimed tobeexempt, the complaint charged that all the acts done by plaintiff, his wife, and the sheriff were done within the county and state in which the suit was brought, and there was nothing in the complaint to indicate that plaintiff was a non-resident, an objection that, because the complaint did not affirmatively allege that plaintiff was a resident, it did not show that he was entitled to exemptions, was not well founded.</p> <p>3. Comp. Laws, l 5133, declares that, if a debtor neglect or x-efuse to claim exemptions, his wife is entitled to make such claim, and do all acts necessary in the premises. Held, that where on the refusal of a husband to claim exemptions after levy, his wife claims them, the'effect of such demand is the same as if made by the husband, and the husband is entitled to recover from the sheriff as for a wrongful levy on his refusal to have the property appraised, etc.</p>