O'Nail v. Craig
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana 'county: No. 132, to October and November Term 1867. This was a scire facias, by John O’Nail against Jacob Craig, a constable of Indiana county, for an insufficient return. The writ was issued April 4th 1864, under the Act of March 20th 1810, § 12 (Purd. 184, pi. 19, 5 Sm. L. 167), by Thomas Stophel, a justice of the peace, and brought into the Court of Common Pleas by appeal.
Read the full summary
Error to the Court of Common Pleas of Indiana 'county: No. 132, to October and November Term 1867. This was a scire facias, by John O’Nail against Jacob Craig, a constable of Indiana county, for an insufficient return. The writ was issued April 4th 1864, under the Act of March 20th 1810, § 12 (Purd. 184, pi. 19, 5 Sm. L. 167), by Thomas Stophel, a justice of the peace, and brought into the Court of Common Pleas by appeal. On the 12th of June 1862, John McAnulty gave to O’Nail the plaintiff in error the following note :— “ June 12th 1862, thirty days after date I promise to pay to John O’Nail…
1Opinion of the Court
The opinion of the court was delivered, November 11th 1867, by
Strong, J.
Had it been determined, immediately after the passage of the Act of April 9th 1849, that a debtor could not deprive himself of that exemption from execution of a portion of his property allowed by the statute, by any agreement made at the time the debt was created, the object of the legislature would doubtless have been better secured. But it having been ruled that the exemption is a’ mere personal privilege which the debtor can at any time waive, and that a waiver once made cannot be retracted, the whole force of the…
2Cited by3 opinions
- Mayhugh v. CoonSupreme Court of Pennsylvania · 1975
- Beneficial Consumer Discount Co. v. HamlinSuperior Court of Pennsylvania · 1979
- Robert Odenwelder's EstateSuperior Court of Pennsylvania · 1896