Hays v. Lentz
Superior Court of Pennsylvania
Appeal, No. 58, Oct. T., 1899, by defendant, from order of C. P. Montgomery Co., Oct. T., 1897, No. 121, making absolute rule to strike off exemption. Rule to strike off debtor’s exemption.
Read the full summary
Appeal, No. 58, Oct. T., 1899, by defendant, from order of C. P. Montgomery Co., Oct. T., 1897, No. 121, making absolute rule to strike off exemption. Rule to strike off debtor’s exemption. Before Weand, J- It appears from the record that judgment was entered on single bill for $351, on May 11, 1874; that this judgment was revived from time to time by sci. fa.; that on August 23, 1897, attachment execution was issued upon the judgment, interrogatories were filed September 20, and a rule granted on garnishees to answer on or before October 11, 1897. Defendant filed his claim for exemption. The…
1Opinion of the Court
Opinion by
Beaver, J.,
An attachment execution was issued upon a judgment against the defendant,. August 23, 1897, returnable October 4, 1897. Interrogatories were filed September 20,1897, and a rule granted on garnishees to answer on or before October 11, 1897. August 27, 1898, defendant made his claim for exemption. The court below found as a matter of fact that he was guilty of laches and that his claim for the exemption came too late. Although the attachment was returned nihil habet as to defendant, it would appear from the evidence that he had knowledge of the issuing of it before the…
2Cases cited3 opinions
- Howard Building & Loan Ass'n ex rel. Budd v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1883
- Bittenger's AppealSupreme Court of Pennsylvania · 1874
- Harlan v. E. D. Haines & Co.Supreme Court of Pennsylvania · 1889