Legal Opinion

Lerch v. Stichter

Supreme Court of Pennsylvania

Decided April 23, 1850PublishedCited by 1 opinion

Error to the court of Common. Pleas of Schuylkill county. Statement of the plaintiff. — The plaintiff, William Lerch, obtained a judgment against John Bllwood, for $34 75, on the second day of June, in the year 1843, before George Heisler, a justice of the peace of Schuylkill county. An execution was immediately issued and levied upon personal property of the defendant, sufficient to satisfy it. After the levy was made, on the same day, George PI.

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Error to the court of Common. Pleas of Schuylkill county. Statement of the plaintiff. — The plaintiff, William Lerch, obtained a judgment against John Bllwood, for $34 75, on the second day of June, in the year 1843, before George Heisler, a justice of the peace of Schuylkill county. An execution was immediately issued and levied upon personal property of the defendant, sufficient to satisfy it. After the levy was made, on the same day, George PI. Stichter, the present defendant, entered into a recognizance of bail for a stay of execution, according to the provisions of the 33d section of the…

1Opinion of the Court

The opinion of the court was delivered by

Bell, J.

The 33d section of the act of July, 12, 1842, abolishing imprisonment for debt, directs that a defendant whose body is not subject to be taken, in execution under the act, shall, in order to obtain an appeal from the judgment of a justice of the peace, stay of execution, or an adjournment of the hearing of his case, give a bond or recognizance, “ conditioned that no part of the property of the defendant, which is liable to be taken in execution, shall be removed, secreted, assigned, or in any way disposed of., except for the necessary support…

2Cases cited1 opinion

  1. Adams v. NullSupreme Court of Pennsylvania · 1843

3Cited by1 opinion

  1. Haddington Italian American Club License, Pennsylvania Court of Common Pleas, Philadelphia County1956

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