Lewis v. Lewis
Supreme Court of Pennsylvania
Error to the Common Pleas of Wayne county. This was an attachment execution issued December 2d 1862, by Sidney Lewis, assignee of A. J. Young, on a judgment against Abner Lewis and Orvis Lewis, which had been entered up against them on a judgment dated March 1st 1859, for $120, payable one year after date, without defalcation or stay of execution, in which the $300 exemption was waived.
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Error to the Common Pleas of Wayne county. This was an attachment execution issued December 2d 1862, by Sidney Lewis, assignee of A. J. Young, on a judgment against Abner Lewis and Orvis Lewis, which had been entered up against them on a judgment dated March 1st 1859, for $120, payable one year after date, without defalcation or stay of execution, in which the $300 exemption was waived. The attachment was duly served on Henry Conklin as garnishee of Abner Lewis, and as to defendant was returned “not found.” C. S. Minor, Esq., as attorney of Sarah A. Lewis, wife of Abner Lewis, served a notice…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
Treating this attachment execution for the present as an execution within the meaning of the Act of 21st May 1861, this case is directly ruled by Billmeyer v. Evans & Rodenbaugh, 4 Wright 324. In the case in hand, as in that, a stay of execution was expressly waived. Without the waiver the parties signing the note would have been entitled to a stay on the judgment entered on the note of six months. We held in the case cited that the proviso to the first section of the act allowing a stay in favour of a soldier, notwithstanding a waiver,…
2Cited by2 opinions
- Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
- Weist v. WullerSupreme Court of Pennsylvania · 1904