McCarthy's Appeal
Supreme Court of Pennsylvania
March 20th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Appeal from the decree of the Court of Common Pleas of Lehigh county: No. 30, to July Term 1870. The appeal in this case was from the decree of the court below, distributing the proceeds of the sale of the real estate of Charles B. McCarthy in Allentown, under an execution at the suit of Miller, Fetherwolf & Co. The contention was between the defendant under the Exemption Law…
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March 20th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Appeal from the decree of the Court of Common Pleas of Lehigh county: No. 30, to July Term 1870. The appeal in this case was from the decree of the court below, distributing the proceeds of the sale of the real estate of Charles B. McCarthy in Allentown, under an execution at the suit of Miller, Fetherwolf & Co. The contention was between the defendant under the Exemption Law and S: A. Bridges, Esq., a judgment-creditor. The appraisers “ summoned by the sheriff to appraise the property…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
The real estate of the defendant was sold by the sheriff and the proceeds paid into court. An auditor was appointed to make distribution, upon whose report, awarding a *219balance of $127.79 to be paid to tbe defendant under the Act of April 9th 1849, Pamph. L. 533, commonly called the Exemption Law, exceptions were filed by a judgment-creditor, which were sustained by the court and the money awarded to him.
The ground upon which the decree below is based is, that the claim before the auditor was made by the defendant’s wife or an attorney who…
2Cases cited1 opinion
- Waugh v. BurketSupreme Court of Pennsylvania · 1861
3Cited by6 opinions
- First International Bank v. LeeNorth Dakota Supreme Court · 1913
- Mennell v. WellsMontana Supreme Court · 1915
- In re O'HaraDistrict Court, M.D. Pennsylvania · 1908
- Kaneko v. Atchison, T. & S. F. Ry. Co.U.S. Circuit Court for the District of Southern California · 1908
- Lippincott v. Lippincott, Pennsylvania Court of Common Pleas, Philadelphia County1941
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