Page:North Dakota Reports (vol. 2).pdf/461

 There being testimony to sustain the finding of the jury, it will not be disturbed. 3 Waite’s Practice, p. 405; Estee’s PleaddingsPleadings [sic], § 4920; Smith v. Wallace, 25 Wis. 55; Vilas v. Mason, 25 Wis. 310. It is proper to charge in replevin, when defendant gives bond, and retains possession of the property, damages for the retention in addition to its value. Hanselman v. Oregel, 40 N. W. Rep. 687; McIntyre v. Eastman, 41 N. W. Rep. 162. In replevin it is only where plaintiff elects to take the value of the property, with damages for the detention, that the rule should be the same as in trover. Bigelow v. Doolittle. 36 Wis. 115.

The opinion of the court was delivered by

, J. Appellant was sheriff of Dickey county, and as such held an execution issued on a judgment against respondent, under which he made a levy on certain of respondent’s personal property. This case arises under the exemption law. Our statute permits a debtor, in addition to certain absolute exemptions, to select and hold other personal property, not to exceed in value the sum of $1,500. But in order to avail himself of the additional exemptions the debtor must, within three days after the levy, deliver to the officer holding the writ a verified schedule of all his personal property. Provision is made for the appraisement of the property thus scheduled; and, if the appraised value exceeds the sum of $1,500, it then becomes the duty of the debtor to select from the appraisement such property as he claims to hold as exempt, not exceeding in value the statutory limit. Comp. Laws, §§ 5128, 5130-5132. The respondent delivered the verified schedule to the sheriff, and the property was appraised, and the appraised value exceeded the sum of $1,500. Appellant claims that respondent failed to select his exemptions. Respondent, on the other hand, claims that he made such selection, and that as the sheriff failed to release the property selected from the levy, but was proceeding to sell the same, he brought this action in claim and delivery to recover the property selected. The sheriff gavea delivery bond, and ultimately sold the property. Both the sworn schedule and the appraisement list are in evidence. In