Keller v. Bricker
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: No. 51, to January Term 1870. This was an action of trespass d. b. a., brought June 20th 1867, by Frederick S. Bricker against William C. Keller. The defendant pleaded “Not guilty, justification,” &c. The defendant was a constable, a-nd under an execution against the plaintiff, at the suit of John Grift, levied on and sold goods of the plaintiff, which he claimed to retain under the $300 exemption law.
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Error to the Court of Common Pleas of Berks county: No. 51, to January Term 1870. This was an action of trespass d. b. a., brought June 20th 1867, by Frederick S. Bricker against William C. Keller. The defendant pleaded “Not guilty, justification,” &c. The defendant was a constable, a-nd under an execution against the plaintiff, at the suit of John Grift, levied on and sold goods of the plaintiff, which he claimed to retain under the $300 exemption law. For this the action was brought. The evidence for the plaintiff was that the defendant made an appraisement of personal property in…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— The settled construction of the Act of Assembly of April 9th 1849 (Pamph. L. 533) undoubtedly is, that where a defendant claims the benefit of the exemption provided by that law he must elect to retain such articles as he desires, and such election must be notified to the officer at the time: Hammer v. Freese, 7 Harris 255. But the questions in this case are, whether there was not sufficient evidence that the plaintiff below did make such election, and whether it was not fairly submitted to the jury to decide.
The defendant himself, who…
2Cited by3 opinions
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