Case v. Dunmore
Supreme Court of Pennsylvania
Error, to the Common Pleas of Susquehanna county. This was an action of trespass by D. Case v. G-. 33. Eldred and J. F. Dunmore, for selling personal property belonging to the plaintiff under execution. Eldred was the sheriff. A judgment was entered on March 28, 1850, in favor of Dun-more v. D. Case and another, and on April 19, 1852, a fi. fa. was issued, which was returned levied upon personal property of Case.
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Error, to the Common Pleas of Susquehanna county. This was an action of trespass by D. Case v. G-. 33. Eldred and J. F. Dunmore, for selling personal property belonging to the plaintiff under execution. Eldred was the sheriff. A judgment was entered on March 28, 1850, in favor of Dun-more v. D. Case and another, and on April 19, 1852, a fi. fa. was issued, which was returned levied upon personal property of Case. On August 17, a venditioni exponas issued, upon which the sheriff returned, that on the day of sale Case claimed the benefit of the exemption authorized by law; that $300 of the…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
It has been repeatedly decided by this Court that the exemption of goods from execution under the Act of 1849, is a privilege for the benefit of the debtor which he may waive even by the omission to claim it at the proper time, without any express contract for the purpose. But where at the time of contracting the debt he agrees to waive the benefit of the exemption, and this forms the ground of the credit given to him, the injustice of permitting him to violate his contract and thus to defraud his credit- or, is too palpable to need…
2Cited by6 opinions
- Mayhugh v. CoonSupreme Court of Pennsylvania · 1975
- Williams v. WengerSupreme Court of Pennsylvania · 1935
- Beneficial Consumer Discount Co. v. HamlinSuperior Court of Pennsylvania · 1979
- In re PfeifferDistrict Court, W.D. Pennsylvania · 1907
- Commonwealth v. Eastern Paving Co., Pennsylvania Court of Common Pleas, Dauphin County1926
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