Legal Opinion

Commonwealth v. Savage

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 48PublishedCited by 1 opinion

Appeal, No. 48, Jan. T., 1906, by defendant, from order of C. P. Luzerne Co., June T., 1904, No. 109, making absolute rule to set aside claim for exemption and appraisement in case of Commonwealth to use of Wilkes-Barre Law & Library Association v. Adam Savage and Anthony Miliauckas. Rule to show cause why defendants’ claim for exemption and the appraisement thereunder should not be set aside. Before Halsey, J. The opinion of the Superior Court states the case.

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Appeal, No. 48, Jan. T., 1906, by defendant, from order of C. P. Luzerne Co., June T., 1904, No. 109, making absolute rule to set aside claim for exemption and appraisement in case of Commonwealth to use of Wilkes-Barre Law & Library Association v. Adam Savage and Anthony Miliauckas. Rule to show cause why defendants’ claim for exemption and the appraisement thereunder should not be set aside. Before Halsey, J. The opinion of the Superior Court states the case. Error assigned was the order making the rule absolute.

1Opinion of the Court

Opinion by

Morrison, J.,

Adam Savage was arrested and held on a charge of attempted robbery. Anthony Miliauckas, the appellant, became bail for his appearance at court in a recognizance duly taken and acknowledged before Wheaton, Judge. Savage failed to appear and the recognizance was duly foifeited.

The present action of assumpsit was brought in the common pleas upon the forfeited recognizance and judgment was obtained against Miliauckas, the surety. Execution being issued thereon, the defendant claimed the benefit of the exemption act. The sheriff allowed the claim and had an appraisement…

2Cases cited6 opinions

  1. Commonwealth v. MeeserSuperior Court of Pennsylvania · 1902
  2. Respublica v. CobbetSupreme Court of Pennsylvania · 1798
  3. Bodine v. CommonwealthSupreme Court of Pennsylvania · 1854
  4. Commonwealth v. BrownSuperior Court of Pennsylvania · 1901
  5. Commonwealth v. GraySuperior Court of Pennsylvania · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Beth-Allen Sales Co. v. Hartford Insurance GroupSuperior Court of Pennsylvania · 1970

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