Legal Opinion

Maschke, Receiver v. O'Brien

Superior Court of Pennsylvania

Decided November 18, 1940No. Appeal, 98PublishedCited by 10 opinions

1Opinion of the Court

Keller, P. J.,

Opinion by

The question involved in this appeal is whether a judgment debtor, whose automobile is the sole article of property levied upon in execution, is entitled, under Ms claim for exemption, to receive from the sheriff $300 out of the proceeds of sale of the automobile?

The court below held that he was. We agree with the court.

The plaintiff recovered a simple judgment, without waiver, against the defendant for $826.71. A writ of fieri facias was issued on the judgment and by virtue thereof the sheriff levied upon a Ford sedan automobile belonging to defendant. Four days later…

2Cases cited21 opinions

  1. Lockwood v. Exchange BankSupreme Court of the United States · 1903
  2. Chicago, Burlington & Quincy Railroad v. HallSupreme Court of the United States · 1913
  3. In re RendaDistrict Court, M.D. Pennsylvania · 1906
  4. Sharp v. WoolslareSuperior Court of Pennsylvania · 1904
  5. Hammer v. FreeseSupreme Court of Pennsylvania · 1852

16 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Fell v. Johnston Et Ux.Superior Court of Pennsylvania · 1943
  2. Consumers Time Credit, Inc. v. Remark Corp.District Court, E.D. Pennsylvania · 1965
  3. Levin v. MauroDistrict Court, D. Massachusetts · 1977
  4. Gutterman v. First National Bank of AnchorageAlaska Supreme Court · 1979
  5. Bohlander v. Collins, Pennsylvania Court of Common Pleas, Alleghany County1950

5 more not listed; retrieve them via the Exa API.

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