Page:North Dakota Reports (vol. 1).pdf/98

 solute exemptions, shall be allowed any person against an execution or other process issued upon a debt incurred for property obtained under false pretenses.” § 5127 defines absolute exemptions. None of the property here involved is claimed under that head. Plaintiff proved his ownership, and the value of the property, and his claim of exemptions and appraisement as alleged, and his damages, and rested his case. Defendant then placed a member of the firm of Randall Bros. on the “stand, and made the following offer: ‘We propose and offer to prove now, by the witness Lovell I. Randall and other witnesses, that when the goods were obtained from Marcellus E. Randall and Lovell I. Randall, as copartners, by the plaintiff in this action, upon which the attachment was issued, that he represented to Randall Bros., at that time, in order to obtain the credit, that he owned a ranch in the hills west of here, consisting of over 100 head of cattle, 200 head of horses, and other property; that he had a farm near Casselton, and owned a large amount of property there, and that he had a large crop, consisting of 7,000 bushels of wheat—that is growing or harvested—and that he was solvent, and abundantly able to pay; that upon these representations these parties sold to him goods—Messrs. Randall Bros. to the amount of $84, and James Winsley to the amount of $94; that all of these representations were false. We offer to piove that he then was not worth anything; that he had no property of his own but what was incumbered, and that he obtained these credits through these representations; that they relied upon these representations in extending to him these credits. These things we now offer to prove in this case, if we are allowed to. And, further, that, according to his representations, at that time he owned a large amount of personal property over and above his liabilities and exemptions, and we offer to prove the same facts in relation to the claim of James Winsley against the plaintiff in this case.” The record then recites: “By the court. Offer refused.” “Exception entered by the defendant to the refusal of the court.” Defendant introduced some evidence on the point that the notice of claim of exemptions was not given within the statutory time. When defendant rested, the court, on plaintiff's re-