Citizens' National Bank v. Gass
Superior Court of Pennsylvania
Appeal, No. 128, April T., 1905, by plaintiff, from order of C. P. Greene Co., May T., 1904, No. 105, making absolute rule to set aside execution in case of The Citizens’ National Bank of Waynesburg to use of Charles E. Lantz v. Robert T. Gass and Charles E. Lantz, surviving Benson Fordyce, deceased. Rule to set aside execution. The opinion of the Superior Court states the case. Error assigned was the order making absolute rule to set aside execution.
1Opinion of the Court
Opinion bt
Henderson, J.,
The thirty-first section of the Act of June 4, 1901, P. L. 404, provides that “ an insolvent shall be entitled to the same exemption out of the assigned estate as he would be had an execution been issued against him; and his right thereto shall not be denied for or by reason of the character of any claim presented or by reason of any waiver in any contract or judgment or by reason of failure to reserve it in the deed of assignment.” Under this section Bobert T. Gass, the assignor for the benefit of creditors, claimed exemption out of the assigned estate, and the…
2Cases cited2 opinions
- Potts v. Smith Manufacturing Co.Superior Court of Pennsylvania · 1904
- Firmstone v. MackSupreme Court of Pennsylvania · 1865
3Cited by9 opinions
- First Nat. Bank v. WeaverCourt of Appeals for the Third Circuit · 1924
- Miller v. JacksonSupreme Court of Pennsylvania · 1907
- Miller's PetitionSuperior Court of Pennsylvania · 1935
- Hoover v. OberSuperior Court of Pennsylvania · 1910
- Charles v. SmithSuperior Court of Pennsylvania · 1905
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