Legal Opinion

Blakeley v. Smith

Superior Court of Pennsylvania

Decided March 14, 1905No. Appeal, No. 36Published

Appeal, No. 36, Jan., T., 1905, by W. H. Benedict, from judgment of C. P. Luzerne Co., May T., 1898, No. 991, on verdict for plaintiff in case of William Blakeley v. A. B. Smith et al. Appeal from justice of the peace. Before Lynch, P. J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $297.80. W. H. Benedict appealed. Errors assigned were various instructions and rulings on evidence.

1Opinion of the Court

Opinion by

Mobbison, J.,

This was an appeal by defendants, A. B. Smith, C. C. Dilcer and W. H. Benedict, constable, from the judgment entered against them, in trespass, for refusing the benefit of the exemption act to the plaintiff, in an action begun before a justice of the peace under the fraudulent debtors attachment act of July 12,1842. P. L. 339. The attachment suit was commenced on December 20, 1897,'and made returnable on the twenty-*584seventh, day of the same month. W. H. Benedict, constable, served the writ of attachment by attaching goods and chattels of Wm. Blakeley, the plaintiff, and…

2Cases cited2 opinions

  1. Strouse's v. BeckerSupreme Court of Pennsylvania · 1863
  2. Cornman's AppealSupreme Court of Pennsylvania · 1879

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