Peterson v. Russell
Superior Court of Pennsylvania
Appeal, No. 202, Oct. T., 1897, by defendant, from order of O. P. No. 1, Phila. Co., June T., 1896, No. 1117, making absolute rule to show cause why claim for $300 exemption should not be set aside as to a portion thereof. Rule to set aside exemption.
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Appeal, No. 202, Oct. T., 1897, by defendant, from order of O. P. No. 1, Phila. Co., June T., 1896, No. 1117, making absolute rule to show cause why claim for $300 exemption should not be set aside as to a portion thereof. Rule to set aside exemption. Before Biddle, P. J. It appears from the record that John F. Betz obtained judgment against the defendant in this case for $182.41 on a judgment note with waiver of exemption, on March 5, 1897. On April 12, 1897, an attachment sur judgment was issued on the Betz judgment, wherein John S. Kane was made garnishee. On June 2,1897, the judgment of…
1Opinion of the Court
Opinion by
W. D. Pouter, J.,
Judgment was entered on September 9, 1896, in favor of plaintiff and against defendant for $285.67, without waiver by defendant of the benefit of exemption. On March 5, 1897, a judgment was entered against the defendant in favor of John F. Betz upon a judgment note which expressly waived the benefit of all exemption laws. An execution attachment was issued upon the last named judgment and John S. Kane, summoned as garnishee and in that proceeding judgment was duly jpnjiej.'ed, on May 21,1897, against the garnishee and in favor of *334Betz. On May 27, 1897, the plaintiff…
2Cases cited3 opinions
- Bowman v. SmileySupreme Court of Pennsylvania · 1858
- Hallman v. HallmanSupreme Court of Pennsylvania · 1889
- Shelly's AppealSupreme Court of Pennsylvania · 1860