Beatty v. Rankin
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON-PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 153 October Term 1890, Sup. Ct.; court below, No. 89 January Term 1885, C. P. No. 2. On March 3, 1890, in an action to No. 89 January Term 1885, a verdict was rendered in favor of Fisher Beatty against J. S. Rankin and Louisa G., his wife, for -$180.57. A motion for a new trial having been withdrawn, judgment was entered on the verdict on June 10, 1890, and execution issued.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON-PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 153 October Term 1890, Sup. Ct.; court below, No. 89 January Term 1885, C. P. No. 2. On March 3, 1890, in an action to No. 89 January Term 1885, a verdict was rendered in favor of Fisher Beatty against J. S. Rankin and Louisa G., his wife, for -$180.57. A motion for a new trial having been withdrawn, judgment was entered on the verdict on June 10, 1890, and execution issued. On June 11, 1890, the defendants presented their petition setting forth the foregoing action, judgment and execution; that on March 24,…
1Opinion of the Court
Pee. Cueiam :
We are of opinion that the lease from the Knoxville Land Improvement Company to Fisher Beatty contained a general *362waiver of exemption. The language is very broad: “ And the said lessee expressly waives the benefit of all laws or usages exempting any property from distress or execution for rent.” This is a waiver as to the debt, not merely the property liable to distress. In this respect, the case differs from Mitchell v. Coates, 47 Pa. 202, in which this court said: “It is true the' language is somewhat general, but it is plainly intended to be applied, and therefore must be…
2Cases cited1 opinion
- Mitchell v. CoatesSupreme Court of Pennsylvania · 1864
3Cited by3 opinions
- Ryder v. Prospect Park Realty Co.Superior Court of Pennsylvania · 1965
- Gatti v. Purcell, Pennsylvania Court of Common Pleas, Erie County1937
- Schock v. WaidelichSuperior Court of Pennsylvania · 1905