Meyers v. Coleman

Decided February 20, 1923

South Dakota Supreme Court · decided 1923-02-20

1. Exemptions — Claim of Exemption. — Wife May Claim Exemption, Where Husband Fails To Bo So. Where a husband fails to assert his right to exemption, his wife may make such claim. 2. Exemptions — Mandamus—Claim of Exemptions — Claim of Exemption Within 02 Bays From Bate of Levy Made Within Reasonable Time. A claim of exemption, by the wife when husband has failed to- make claim, within 22 days from the date of th-e- levy, under execution, was made within a reasonable time, and entitled her ■to writ of mandamus requiring the sheriff to restore the property seized.

Reversed, with directions to issue peremptory writ · Decided 1923-02-20

DILLON, J.

¶1The sole question before this court: Was the claim for exemption on the part of the wife made within a reasonable time?

¶2[1, 2] The husband having failed to assert the right, the wife was entitled to make such, claim. She made it within 22 days from the date of the levy. We hold that the claim was made within a reasonable time.

¶3On the authority of Goodland v. Smejkal (S. D.), 190 N. W. 1017, this cause is reversed, with directions that the peremptory writ of mandamus be issuied, requiring the sheriff to restore to the relator the property claimed as exempt.

¶4Note — Reported in 192 N. W. 184. See American Key-Numbered Digest, (1) Exemptions, Key-No. 118, 25 'C. J. Sec. 23'2; 11 R. C. L. 547; (2) Exemptions, Key-No. 119(1), 25 C. J. Secs. 235-240.