Heebner v. Chave
Supreme Court of Pennsylvania
In error from the Common Pleas of Montgomery county. Case stated, with leave to bring a writ of error. Two questions were submitted to the court below: 1. Whether the attachment execution could be regularly issued by the justice without a sei. fa. post an. et diem et q. e. n. previous to the execution returned nulla bona, after which return the present writ was issued. 2. Whether the funds were liable in the hands of the garnishees.
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In error from the Common Pleas of Montgomery county. Case stated, with leave to bring a writ of error. Two questions were submitted to the court below: 1. Whether the attachment execution could be regularly issued by the justice without a sei. fa. post an. et diem et q. e. n. previous to the execution returned nulla bona, after which return the present writ was issued. 2. Whether the funds were liable in the hands of the garnishees. The facts material to the first point were, that a judgment was obtained against the defendant before a justice of the peace, on the 22d December, 1838. On the…
1Opinion of the CourtCoulter, J.
On the first point submitted to the court below, their opinion was right, and in accordance with the view of the case entertained by this court. On the second point they were wrong. It arises on the construction of the fifth section of the act of 15th of'April, 1845, entitled a supplement to an act entitled an act relating to executions, &c., Purd. Dig. (ed. 1846,) 705, the proviso of which prevents the wages of any labourers, from being liable to attachment in the hands of the employer.
In this case, John Chave entered into a contract with the burgesses and council of the borough of…
2Cited by12 opinions
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
- Commonwealth v. StambaughSuperior Court of Pennsylvania · 1903
- McCloskey v. Northdale Woolen MillsSupreme Court of Pennsylvania · 1929
- Carey v. LamerouxSuperior Court of Pennsylvania · 1903
- Hartman v. MitzelSuperior Court of Pennsylvania · 1898
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