Mitchell v. Coates
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware county. This was an attachment execution by John Coates against Davis Mitchell, in which James Culbert et al. were summoned as garnishees. After interrogatories and answers filed, a rule to shoAV cause Avhy defendant should not have his claim of $300 under the Exemption Law was entered, and an auditor appointed to ascertain and report the facts of the case, all which are set forth in the opinion of this court.
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Error to the Common Pleas of Delaware county. This was an attachment execution by John Coates against Davis Mitchell, in which James Culbert et al. were summoned as garnishees. After interrogatories and answers filed, a rule to shoAV cause Avhy defendant should not have his claim of $300 under the Exemption Law was entered, and an auditor appointed to ascertain and report the facts of the case, all which are set forth in the opinion of this court. The defendant’s claim for exemption was disallowed, and judgment entered against the garnishees for the amount in their hands as per answers filed;…
1Opinion of the Court
The opinion of the court was delivered, by
A shew, J.
Davis Mitchell, the plaintiff in error, who was defendant below, claimed his exemption of $300 in certain debts, attached in execution at the suit of John Coates, the defendant in error. The court below decided against the claim on the ground of a written waiver, supposed to be contained in a certain covenant, part of a lease from Coates to Mitchell, in the following words: — :
“ And the said Davis Mitchell, for himself, his executors and administrators, doth hereby agree that all the personal property on the premises shall be liable to…
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