Baer, Harkeimer & Co. v. Otto
Ohio Supreme Court
Motion for leave to file a petition ,in error to the District Court of Eranklin county. The plaintiffs in error brought an action against the defendant in error, before a justice of the peace, on an account, and at the same time filed an affidavit for attachment, on the ground that the defendant was about to dispose of his property, or a part thereof with intent to defraud his creditors.
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Motion for leave to file a petition ,in error to the District Court of Eranklin county. The plaintiffs in error brought an action against the defendant in error, before a justice of the peace, on an account, and at the same time filed an affidavit for attachment, on the ground that the defendant was about to dispose of his property, or a part thereof with intent to defraud his creditors. Such proceedings were had that certain money due the defendant for personal services from Hayden & Co. was attached by garnishee process. Afterward, and before judgment, the defendant moved that the…
1Opinion of the CourtMcIlvaine, J.
Of the points raised by counsel for plaintiff in error, we shall consider only two :
1. "Were counter-affidavits admissible on the hearing of the motion to discharge the attachment ?
By the act of April 16, 1873 (70 Ohio L. 132), it is enacted “ That every person who has a family, and every widow, shall hold the following property exempt from execution or sale for any debt, damages, fine, or amercement, to wit: . . . Sixth. The personal earnings of the debtor, and the personal earnings of his or her minor child or children, for any time not exceeding three months previous to the rendition of…
2Cases cited1 opinion
- Bancroft & Co. v. TalbottOhio Supreme Court · 1876