Waugh v. Burket

Opinion by

Woodward, J.

The exemption law is grounded on “judgments obtained upon contract, and upon distress for rent.” In Gangwere's Appeal, 12 Casey, 469, we took occasion to define this expression, “judgments obtained on contracts,” as pointing to the elementary distinction between actions ex contractu and actions ex delicto, and as meaning the former and not the latter class of actions.

The claim to exemption set up in this case rests on a judgment in an action ex contractu. The transcript of the justice’s docket shows that Leonard’s suit was for goods sold and delivered. The judgment,…