Page:North Dakota Reports (vol. 3).pdf/111

 value upon all the personal property levied upon by you, in order that I may select the exemptions of fifteen hundred dollars given me by law. Dated, May 13th, 1889. John P. Wagner.” To this was attached an itemized list of property, being the same property described in the complaint, and a verification by Mr. Wagner, in which he says “that the foregoing list of personal property is a complete schedule of all his personal property, of every kind and character, including money on hand, and debts due and owing deponent, claimed by him as exempt under the laws of the Territory of Dakota.” No other schedule of personal property was made by respondent. It is reasonably certain from the evidence that another demand for this same property was made after the appraisement.

The appellant requested certain instructions, involving the following points: First, that the schedule was insufficient for the reason that it did not cover all of respondent’s property; second, the demand for exemptions was insufficient in that it did not appear that the articles demanded were selected from the appraisement; third, that there was no evidence of the value of the property; and, fourth, that the property purchased from Dodson, Fisher & Brockman, and for the purchase price of which the attachment action was brought, was so intermingled and combined with the property claimed as exempt that they could not be identified and separated. These requests were all refused, and the court, in its charge to the jury, said: “I say, as a matter of law, that all the proceedings of the plaintiff leading up to his demand for exemptions in this case were had within the time and in the manner prescribed by law.” On argument, in addition to the points made in his requests, appellant urges that the instruction quoted was error, because it appears by the evidence that the property demanded covered the entire appraisement, which exceeded the exemption limitation in value; or, if this be not true, that there was no evidence in the case showing the appraised value of the property claimed. It is far from clear upon the record that these last points were ever called to the attention of