Legal Opinion

Forst v. Lees

Superior Court of Pennsylvania

Decided July 15, 1908No. Appeal, No. 200Published

Appeal, No. 200, April T., 1908, by plaintiffs, from order of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 683, allowing debtor’s exemption in case of Meyer Forst and Max Wolf, trading as Forst & Wolf, v. Sam Lees, defendant, and Hausman & Wimmer Co. et al., garnishee. Rule for allowance of debtor’s exemption out of money in the hands of garnishee. The opinion of the Superior Court states the case. Error assigned was order making absolute rule allowing exemption.

1Opinion of the Court

Pee Cueiam,

This is an appeal from an order making absolute a rule on the plaintiffs to show cause why the defendant should not be allowed his exemption out of money in the hands of the garnishee. The Act of March 17,1869, P. L. 8 under which the attachment issued, expressly recognizes the debtor’s right of exemption under the existing laws of this commonwealth. The appellants’ first contention is that the claim should have been disallowed because the defendant had other property in excess of $300 in value. Conceding for the purpose of the case, but without deciding the point, that the…

2Cases cited4 opinions

  1. Sharp v. WoolslareSuperior Court of Pennsylvania · 1904
  2. Estate of RigbySuperior Court of Pennsylvania · 1898
  3. Cornman's AppealSupreme Court of Pennsylvania · 1879
  4. Morris & Lewis v. ShaferSupreme Court of Pennsylvania · 1880

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