Herron's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of JErie county, distributing and appropriating the money made by the sheriff’s sale of the personal property of R. O’Brien & Co. R. O’Brien & Co. were merchants in the city of Erie, and failed in business in September, 1856. Three fi. fas. were issued against them, upon which their personal property was sold. The sale extended through several days, and was finally completed October 11, in the forenoon.
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Appeal from the decree of the Court of Common Pleas of JErie county, distributing and appropriating the money made by the sheriff’s sale of the personal property of R. O’Brien & Co. R. O’Brien & Co. were merchants in the city of Erie, and failed in business in September, 1856. Three fi. fas. were issued against them, upon which their personal property was sold. The sale extended through several days, and was finally completed October 11, in the forenoon. The proceeds of the sale overpaid the three fi. fas. about $90, which surplus money was in the sheriff’s hands. The fi. fas. already…
1Opinion of the Court
The opinion of the court was delivered,
by Lewis, 0. J.
This is not a controversy between lien creditors, but a contest between a creditor justly entitled to payment, and the debtor who unjustly withholds it. In such a contest the policy of the law is to appropriate the debtor’s assets to the payment of his debts, unless he brings himself within one of the exceptions provided by statute. The exemption laws preserve from execution a certain amount of property supposed to be necessary for the comfortable existence of the debtor and his family; but the surplus money levied on in this case is not…
2Cited by5 opinions
- Weicht v. Automobile Banking Corp.Supreme Court of Pennsylvania · 1946
- OSTROFF v. YaslykSuperior Court of Pennsylvania · 1964
- Sullivan v. TinkerSupreme Court of Pennsylvania · 1891
- Blair Motor Car Co. v. Mervine, Pennsylvania Court of Common Pleas, Bedford County1944
- OSTROFF v. YaslykSuperior Court of Pennsylvania · 1964