Bixler v. Kennedy
Superior Court of Pennsylvania
Appeal, No. 37, March T., 1916, by defendant, from order of C. P. Luzerne Co., Jan. T., 1915, No. 237, discharging rule to set aside claim for exemption in case of Miles F. Bixler Co. v. F. P. Kennedy, Defendant, W. L. Pace and First National Bank of Pittston, Garnishee. Rule to set aside claim for exemption.
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Appeal, No. 37, March T., 1916, by defendant, from order of C. P. Luzerne Co., Jan. T., 1915, No. 237, discharging rule to set aside claim for exemption in case of Miles F. Bixler Co. v. F. P. Kennedy, Defendant, W. L. Pace and First National Bank of Pittston, Garnishee. Rule to set aside claim for exemption. Before Woodward, J. Prom the record it appeared that November 13, 1912, the plaintiff sold to the defendant, P. P. Kennedy, a lot of jewelry and a show case, which was shipped by express to the defendant from Cleveland, Ohio; on November 22,1912, received by the defendant and a payment…
1Opinion of the Court
Opinion by
Kephart, J.,
A debtor will be refused the right to claim the exemption of $300.00 provided by law where he denies the ownership of that which he cannot hide, or embarrasses the officer of the law in the execution of his legal duty, or attempts to conceal or fraudulently sell his property so that it may be taken out of the reach of creditors: Gilleland v. Rhoads, 34 Pa. 187; Kreider’s Est., 135 Pa. 578; Riley v. Ogden, 185 Pa. 506; Emerson v. Smith, 51 Pa. 90. The rule is founded in sound morality and “is agreeable to the spirit and intention of the exemption law. It was an enactment…
2Cases cited6 opinions
- Strouse's v. BeckerSupreme Court of Pennsylvania · 1861
- Strouse's v. BeckerSupreme Court of Pennsylvania · 1863
- Assigned Estate of KreiderSupreme Court of Pennsylvania · 1890
- Emerson v. SmithSupreme Court of Pennsylvania · 1866
- Gilleland v. RhoadsSupreme Court of Pennsylvania · 1859
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