Page:North Dakota Reports (vol. 3).pdf/110

 Bartholomew, J. This controversy arises under the exemption laws of this state. The defendant, and appellant herein, was sheriff of Walsh County, and as such received a writ of attachment in an action brought by the firm of Dodson, Fisher & Brockman against John P. Wager, the plaintiff and respondent herein. The sheriff at once laid the writ upon a stock of merchandise consisting of harness, harness leather, harness hardware, blankets, robes, etc., belonging to the respondent. Respondent made an effort to claim his exemptions under the statute, but his claim was not recognized by the officer, whereupon he brought this action in claim and delivery, resulting in a verdict and judgment in his favor.

Our statute (§ 5128, Comp. Laws) gives the debtor, in addition to certain absolute exemptions, other personal property, not to exceed in the aggregate $1,500 in value. Section 5130 provides that, when the debtor desires to avail himself of the additional exemptions, he must make and deliver to the officer who has levied process upon his property a verified schedule of all his personal property, and provides that any property owned by the debtor, and not included in the schedule, shall not be exempt. Other provisions provide for an appraisement, and that from the appraisement so made, if over the limitation in value, the debtor may select the amount of his additional exemptions. The claim for the benefit of these exemptions must be made within three days after the notice of the levy. Within the time limited, the respondent (defendant in the attachment action) served upon the officer the following notice, (omitting title:) “To the sheriff of said County of Walsh: Take notice that the above named defendant hereby claims the following personal property owned by him as exempt from attachment and execution in the above entitled action, that is to say, viz: the personal property, book accounts, and notes mentioned in the schedule hereunto annexed, and made a part of this notice; and you are further notified that I choose M. F. O’Brien, a disinterested citizen of said county, not related to either party, to act as my appraiser in fixing the