In re Moyer
District Court, E.D. Pennsylvania
In Bankruptcy. Exceptions to tliereport of the register who allowed the claim of the bankrupt for exemption. The facts are set forth in the opinion.
1Opinion of the CourtButler, J.
I cannot agree with the register respecting the bankrupt’s claim. When the proceeding began the bankrupt had no property “exempt from levy and sale upon execution or other process, under the laws of the state,” as contemplated by section 5045 of the Revised Statutes. He had fled from, and abandoned his residence in, this state—was a fugitive from justice; and has remained abroad ever since. The exemption provided for by the state statute is confined to citizens of the state, as her courts have decided. But the bankrupt, in my judgment, is not entitled to any part of his claim. If the trustee…
2Cases cited1 opinion
- Okie's AppealSupreme Court of Pennsylvania · 1844