Commonwealth ex. rel. Collins v. Boyd
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 86, to October and November Term 1867. This was an action of debt on the sheriff’s official bond at the suit of the Commonwealth of Pennsylvania, with the suggestion of William L. Collins as plaintiff, against Samuel W. Boyd, sheriff of Fayette county, and his sureties.
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Error to the Court of Common Pleas of Fayette county: No. 86, to October and November Term 1867. This was an action of debt on the sheriff’s official bond at the suit of the Commonwealth of Pennsylvania, with the suggestion of William L. Collins as plaintiff, against Samuel W. Boyd, sheriff of Fayette county, and his sureties. The breach alleged was that the sheriff had not set aside to the plaintiff from a levy on his property under an execution, $300, to which he was entitled by the exemption laws. A fi. fa. had been issued against the plaintiff to December Term 1858 ; to the writ was…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Thompson, C. J.
This case arises under the $300 Exemption Act of 9th April 1849, and presents singly the query, in case of levy on real estate and inquisition waived, when a demand of exemption will be effectual ? The learned Judge of the Common Pleas held that it was in time if made on the day of the waiver, but not on the next or any day thereafter, and relied for this on what was said in Bowyer’s Appeal, 9 Harris 210. .
In that case it was denied altogether to a debtor who waived inquisition and consented to condemnation and sale on…
2Cited by2 opinions
- Maschke, Receiver v. O'BrienSuperior Court of Pennsylvania · 1940
- Williamson v. KrumbhaarSupreme Court of Pennsylvania · 1890