Strouse's v. Becker
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. An attachment execution issued against Edward Becker, at the suit of Emanuel Strouse, executor of Joseph Strouse, under which the Lycoming Mutual Insurance Company were summoned as garnishees.
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Error to the Common Pleas of Schuylkill county. An attachment execution issued against Edward Becker, at the suit of Emanuel Strouse, executor of Joseph Strouse, under which the Lycoming Mutual Insurance Company were summoned as garnishees. To interrogatories filed in the usual form, the garnishees admitted an indebtedness to defendant of $137. The defendant thereupon filed a special plea, averring that the money in the hands of the garnishees arose from an allowance made to him for the injury to and destruction of household furniture by fire, insured by the company, and that the money thus…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
— The rule of decision which denies the benefit of the exemption law to a dishonest debtor who shuffles and conceals his property, denies his ownership, and falsely alleges title in his wife or other relative or friend, with a view of eluding the vigilance of the officer who has an execution to levy, is founded in a sound morality, and, according to Huey’s Appeal and other cases, is agreeable also to the spirit and intention of the exemption law. It was an enactment for the honest poor, not for the roguish.
We cannot, therefore, concur with…
2Cited by11 opinions
- Miller v. ImhoffSupreme Court of Pennsylvania · 1888
- Assigned Estate of KreiderSupreme Court of Pennsylvania · 1890
- Garber v. DoersomSupreme Court of Pennsylvania · 1887
- In re SchaferDistrict Court, E.D. Pennsylvania · 1907
- Frank v. KurtzSuperior Court of Pennsylvania · 1897
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