Morris & Lewis v. Shafer
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Luzerne county : Of July Term 1879, Nos. 10 and 11. Attachment executions under the Act of March 17th Í869, Pamph. L. 8. One writ was issued at the suit of Morris & Lewis against Frank Shafer, and the other by Reizenstein Brothers against the same defendant. The facts were similar in both cases.
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Error to the Court of Quarter Sessions of Luzerne county : Of July Term 1879, Nos. 10 and 11. Attachment executions under the Act of March 17th Í869, Pamph. L. 8. One writ was issued at the suit of Morris & Lewis against Frank Shafer, and the other by Reizenstein Brothers against the same defendant. The facts were similar in both cases. The writ by Morris & Lewis issued August 1st 1877, and was made returnable on the second Monday of September 1877. It was duly served on the Peoples’ Bank of Wilkesbarre, as garnishee, on August 2d 1877. On August 18th 1877, defendant obtained a rule to show…
1Opinion of the CourtJustice Mercur
These two cases involve the same question, and were argued together. The suits were commenced by attachment under the Act of 17th March 1869, Purd. Dig. 53, pl. 57. The contention is in regard to the claim of the defendant to retain $300 worth of property. In the view we take of the cases it is only necessary to consider whether the claim was made in time.
The Act of 9th April 1849 is the basis of all laws exempting property to the value of $300 from levy and sale on execution. It does not create an absolute unconditional exemption of which the creditor must take notice at his peril, but…
2Cited by1 opinion
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