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35 Mich. 430

Ostrander v. Packer

Michigan Supreme Court

Decided January 16, 1877

Michigan Supreme Court · decided 1877-01-16

This was replevin, brought by Packer to recover a horse, which Ostrander, as deputy sheriff, bad levied upon and taken by virtue of a writ of attachment against Packer. The horse was claimed by Packer to be exempt' from execution, and it was shown that he was engaged in a business which required the use of a team.

Good law ✅— No negative treatment on recordhow we know

Decided 1877-01-16

How this case has been cited

Cited by 4 later decisions — most recently February 1935

1 federal appellate · 3 state decisions

201877188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cooley, Ch. J.t

¶1We think the circuit judge was correct in instructing the jury that on the undisputed facts of the case the plaintiff was entitled to recover. He was entitled to exemption for a team, and if the officer claimed that what he had which would answer the designation was of greater value than the *statute exemption, he should have levied on the whole and had it appraised, to give opportunity for the selection the statute provides for. This was not done, the officer erroneously believing no exemption was allowable.

¶2The judgment is affirmed, with costs.

The other justices concurred.
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