Wiser v. Thomas

Citations

• 39 Wash. 40
• 80 P. 854
• 1905 Wash. LEXIS 811

Syllabus

<p>Exemptions—Claim by Debtor—List oe Peopekty—Sufficiency. Where goods levied upon are claimed as exempt hy the debtor, under Bal. Code, § 5255, a second list by separate items of the property claimed as exempt is not necessary, where the sworn statement delivered to the officer contained a list of all the debtor’s property and claimed all of it as exempt.</p> <p>Same — Value of Peopekty — Complaint — Pleading and Peoof. Where property levied upon was claimed as exempt by the debtor, who admitted at the trial that part of it was not exempt because the judgment was for unpaid purchase money thereon, the fact that the debtor’s sworn satement, and also his complaint, alleged the value of all the property to be $250, does not confine his proof of the total value to such sum, or limit his recovery to the difference between such sum and the value of the non-exempt property; but he is entitled to show that exempt property of the value of $250 was levied upon and taken.</p>