{
  "id": 1896172,
  "name": "Guise v. State, use, &c.",
  "name_abbreviation": "Guise v. State",
  "decision_date": "1883-11",
  "docket_number": "",
  "first_page": "249",
  "last_page": "253",
  "citations": [
    {
      "type": "official",
      "cite": "41 Ark. 249"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T16:24:33.230898+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Guise v. State, use, &c."
    ],
    "opinions": [
      {
        "text": "Eakin, J.\nThis is an action commenced in the circuit \u2022court by Gray, in the name of the state, against Guise, a constable, on his official bond. It is founded on the act of March 28, 1871, concerning exemptions, being section 2641 \u25a0of Gantt\u2019s Digest, This act provides that the officer levying upon goods allowed1 as\u2019exempt, after a schedule should have been filed, and supersedeas issued, could take no indemnifying bond, and proceed with the sale of any property in the schedule. It made if a high misdemeanor in him to do so, punishable by a fine of from one hundred to five hundred dollars, and by imprisonment for a term not less than\n\u2022 one nor more than two months. \u201cAnd furthermore,\u201d provided that he should \u201cbe liable on his official bond to the defendant in twice the amount of damages, by such defendant incurred.\u201d (Gantt's Dig., sec. 2641.) The provisions regarding exemptions from execution were changed by the constitution of 1874. The benefit was still limited to residents of the state, but was diminished in amount, and a distinction as to amount was made in favor of those who wei\u2019e married or heads of families. By act of March 9, 1877, some of the provisions of the former act of 1871 to \u2022carry into effect the constitutional right of exemption were changed. Instead as formerly, of making a schedule only of the property claimed as exempt, the claimant was .required to file one on oath of all his property, specifying the particular property he might desire to retain as exempt. Upon this the cleik or justice was required to issue a super- \u2022 sedeas, staying any further proceedings against the property ;in such schedule described and claimed as exempted. The .provisions of section 2(541 were not repealed.\nThe complaint sets forth the official character of the \u2022defendant and the execution of his official bond, in the pen\u2022alty of five hundred dollars. It proceeds to state that in 1881 he held an execution against plaintiff issued by a justice of the peace, in favor of J, L. West, under which he \u25a0levied upon the following personal property of plaintiff, to-wit: One hundred and fifty pounds of bacon, eight bushels of corn, and forty bushels of cotton seed, the whole value of all of which was thirty-four dollars and seventy-live cents. That on the first of July plaintiff filed before \u00a1the justice a schedule of all his personal property, which he claimed as exempt, including that levied on, and that he* obtained a supersedeas and the property was released. That afterwards, in 1882, defendant levied another execution upon the same property, upon the same ' judgment ;* took from West an indemnifying bond, and sold it against the objections of plaintiff, the justice having refused to* allow him to file a schedule on the second levy. He alleges that he has been damaged in the sum of thirty-four dollars- and seventy-five cents, and prays judgment for double such* damage, and also for the sum of five hundred dollars, the* penalty of the constable\u2019s bond, A general demurrer to this complaint was overruled, and the defendant answered admitting his official character, the execution of his official bond, the sale of the bacon, corn and cotton seed, and the taking of the indemnifying bond from the plaintiff in the-execution. He says, however, in regard to this property, that no supersedeas bond had ever been issued ; claiming the fact to be, that a former levy had been made upon a spring* wagon and a cow and calf, which had been claimed as-exempt, and had been given up upon supersedeas.\nThe evidence as' shown by bill of exceptions discloses substantially the following case. The judgment in favor of Wert was for eight or nine dollars, rendered earty in 1881. The execution was levied on a spring wagon, and a cow andi calf.\nGray filed before the justice a schedule of all his proper-J J x 1 amounting to his own estimate of values, to $445.25., It is simply a sworn schedule. The property is not claimed ag either altogether or any particular part. It included the spring wagon, cow and calf, which had been-levied on, and also other things, amongst which was Some* hogs, \u201cnine acres of corn,\u201d and \u201cfour acres of cotton.\u201d' Thereupon the justice issued a supersedeas, which was* obeyed, commanding him to desist from any sale, or further proceedings, regarding the wagon, cow and calf. They were returned to plaintiff Gray. Early in 1882, another \u2022execution was issued, which was levied on the bacon, corn and cotton seed, which were shown to be the products of *the hogs and crops scheduled. The plaintiff applied for no \u2022\u2022supersedeas, but still claimed the property as exempt. . The property was never taken from the possession of plaintiff Gray. At the sale it was purqhased by his father, who left it with him. The whole brought $22.50.\nThe court upon its own motion, and without objection, in\u2022-structed the jury that a schedule for exemption, once filed, was good \u00bfgainst subsequent executions on the same judgment; that the schedule protected the property in its. \u25a0changed condition ; and that the measure of damage was the value of the property sold. The jury found for the plaintiff, and fixed damages at $31.50. The judgment was for double this sum and costs.\nThe grounds of the motion for a new trial are, 1st, error in instructions. 2nd, excess of damages in the verdict, and in the rendition of the verdict. 3d, that of jurisdiction. 4th, because the verdict is without evidence, and contrary to law. These were overruled and Guise appeals.\nWaiving all other questions, it suffices to say that the ver\u2022dict was without sufficient evidence to support it. No prop\u2022er schedule, no claim of the property exempt, had ever \u25a0been made. Nor does it in any manner appear that \u25a0 the \u00a1plaintiff was entitled to any. The transcript does not show whether he was a resident of the State, nor does it show whether he was married or the head of a family. It does \u25a0not show that he designated any of the property as claimed \u00a1under the exemption law. The schedule is fatally defective.\nReversed and remanded.",
        "type": "majority",
        "author": "Eakin, J."
      }
    ],
    "attorneys": [
      "The appellant pro se.",
      "W. R. Goody, for appellee."
    ],
    "corrections": "",
    "head_matter": "Guise v. State, use, &c.\nExemption: Defective schedule of personal property .-\nA schedule of property which does not claim it or any portion of it as-exempt from execution, nor shows that the party filing it is a resident of the state, is fatally defective and will not protect the property from sale under execution.\nAPPEAL from White Circuit Court.\nHon. J. N. Cypert, Circuit Judge.\nThe appellant pro se.\n1. The court erred in rendering judgment for double the amount of the verdict. The whole question of damages was submitted to the jury and the amount was a matter for them to determine. Sec. 2461 Gantt\u2019s Rig.\nThe property levied on and sold was described in the schedule. It may or may not have grown out of the property described in the schedule, or resulted from it, but it had undergone material change and was different in description. There was a material change of circumstances and a new schedule should have been filed. 28 Arh., 485;\u2022 37 Id., 283.\nThe right of exemption appertains only to residents of the state, and neither the schedule nor the pleadings show that Gray was a resident, or head of a family. 34 Arh., 111.\nW. R. Goody, for appellee.\n1. The complaint was good and the judgment proper. 23 Arh., 225; lb., 101; Gantt\u2019s Dig., secs. 4390-1.\n2. Defendant in execution need not schedule but once against successive executions upon the same judgment. Thompson on Exemptions, etc., sec. 825, Exemption statutes are remedial and liberally construed. 38 Arh., 112.\n3. A change of the character of the property in its ordinary use, as gathering crops, making meat of hogs, etc., does not necessitate anew schedule. Thompson on Exemptions, sec. S15 to 817."
  },
  "file_name": "0249-01",
  "first_page_order": 245,
  "last_page_order": 249
}