Bittenger's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Adams county: No. 13, to May Term 1874, by Mary L. Bittenger in the distribution of the proceeds of an attachment execution against her. On the 2d of August 1872, Chestnut, Townsend & Co. obtained ajudgment against Mary L. Bittenger for $209.12, and on the 5th of the same month issued an attachment execution against her, returnable August 19th, the first day of August Term.
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Appeal from the Court of Common Pleas of Adams county: No. 13, to May Term 1874, by Mary L. Bittenger in the distribution of the proceeds of an attachment execution against her. On the 2d of August 1872, Chestnut, Townsend & Co. obtained ajudgment against Mary L. Bittenger for $209.12, and on the 5th of the same month issued an attachment execution against her, returnable August 19th, the first day of August Term. The sheriff returned that he had attached certain building association stock belonging to the defendant, and had served a copy of the writ on the defendant. No notice was given by…
1Opinion of the Court
Judgment was entered in the Supreme Court, May 25th 1874.
2Per curiam
Yost v. Heffner, 19 P. F. Smith 68, and Landis v. Lyon, 21 P. F. Smith 473, decide that under an attachment execution a defendant is not bound to make his claim of the $300 *106exemption to the officer serving the attachment. The reason given is that the officer has nothing to do with the collection of the debt and cannot have it appraised. It was held therefore that the defendant might make his claim at the term to which the attachment is returnable, and before the plaintiff has taken any step in the cause to his detriment. In Bancord v.…
3Cited by3 opinions
- Harlan v. E. D. Haines & Co.Supreme Court of Pennsylvania · 1889
- Hays v. LentzSuperior Court of Pennsylvania · 1900
- Houston v. Bishton, Pennsylvania Court of Common Pleas, Lawrence County1923