Jones v. Tracy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: No. 250, to January Term 1874. This was an attachment-execution issued February 17th 1873, by G. P. Tracy against Thomas J. Jones, in which Alexander Solomon was the garnishee.
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Error to the Court of Common Pleas of Bradford county: No. 250, to January Term 1874. This was an attachment-execution issued February 17th 1873, by G. P. Tracy against Thomas J. Jones, in which Alexander Solomon was the garnishee. The sheriff returned that he had served the writ on Solomon on the 18th of February, and summoned him as garnishee; and that he had served the writ on the 7th of April on Jones, and that on the 1st of May Jones gave him a notice “ claiming the exemption of §300 from the money attached by virtue of this writ.” On the 12th of May 1878, on motion of the plaintiff’s…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1874, by
Agnew, C. J.
The Act of 8th April 1869, supplementary to the Exemption Law of 1849, 1 Bright. 638, gives to a defendant a right “ to elect to retain his exemption or any part thereof out of any bank-notes, money, stock, judgment or other indebtedness' to such, person.” It is admitted that Thomas S. Jones, the defendant below, duly claimed his exemption out of the effects in the hands of Al’r Solomon, the garnishee. Here, then, there was a clear legal right claimed in time, and yet the court below gave judgment against Jones’s exemption,…
2Cases cited1 opinion
- Layman v. BeamSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Kennedy v. Agricultural Ins.Supreme Court of Pennsylvania · 1895
- Longwell v. HartwellSupreme Court of Pennsylvania · 1894
- McGeary v. HuffSuperior Court of Pennsylvania · 1906
- Merchants National Bank v. DavisSupreme Court of Pennsylvania · 1937