Gaylord, Son & Co. v. M. Imhoff & Co.
Ohio Supreme Court
Error to the Superior Court of Cincinnati. The plaintiffs in error were plaintiffs in the Superior Court of Cincinnati, where they obtained judgment against the-defendants, Michael Imhoff, Henry Steinegerwag, and George PfLuger, partners, doing business as M. Imhoff & Co. Execution was issued and levied upon a leasehold and machinery belonging to the defendants as copartners.
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Error to the Superior Court of Cincinnati. The plaintiffs in error were plaintiffs in the Superior Court of Cincinnati, where they obtained judgment against the-defendants, Michael Imhoff, Henry Steinegerwag, and George PfLuger, partners, doing business as M. Imhoff & Co. Execution was issued and levied upon a leasehold and machinery belonging to the defendants as copartners. The defondants severally demanded the statutory exemptions out of the property; but the sheriff disregarding the demands, sold the property and brought the proceeds into-court. The defendants then moved the court to give…
1Opinion of the CourtGilmore, J.
The only question that will be considered in this cause is this: Where all the members of an insolvent firm join in the demand, are they entitled to the statutory exemptions out of partnership property after it has been seized in execution by partnership creditors? We think not. The section of the statute under which the question arises is as follows: “ Sec. 31 That it shall be lawful for any resident of Ohio, being the head of a family and not the owner of a homestead, to hold exempt from levy and sale as aforesaid, personal property to be selected by such person, his agent or attorney, at…
2Cases cited1 opinion
- Stewart v. . BrownNew York Court of Appeals · 1867
3Cited by34 opinions
- Love v. BlairIndiana Supreme Court · 1880
- In re CampDistrict Court, N.D. Georgia · 1899
- Richardson v. Adler, Goldman & Co.Supreme Court of Arkansas · 1885
- State Ex Rel. Scott & Burton v. KenanSupreme Court of North Carolina · 1886
- Trowbridge v. CrossIllinois Supreme Court · 1886
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