Yost v. Heffner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county, of January Term 1871, No. 90. The proceeding here was an attachment execution issued December 22d 1864, by a justice of the peace, at the suit of Samuel Heffner against William Yost, on a judgment for $32.60, recovered July 24th 1864. Daniel Yost was summoned as garnishee. Interrogatories to the garnishee were filed on the day the attachment was issued and a rule taken on him to answer in eight days.
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Error to the Court of Common Pleas of Schuylkill county, of January Term 1871, No. 90. The proceeding here was an attachment execution issued December 22d 1864, by a justice of the peace, at the suit of Samuel Heffner against William Yost, on a judgment for $32.60, recovered July 24th 1864. Daniel Yost was summoned as garnishee. Interrogatories to the garnishee were filed on the day the attachment was issued and a rule taken on him to answer in eight days. The writ of attachment was returnable December 29th. On that day the defendant claimed the $300 exemption and the garnishee filed answers…
1Opinion of the Court
The opinion of the court was delivered, February 5th 1872, by
Thompson, C. J.
Strouse’s Exr. v. Becker, 8 Wright 206, settles that a claim of exemption as against an attachment-execution must be made by the defendant within a reasonable time after the service of the writ, but what that reasonable time should be is not defined. The case, however, determines what would be an unreasonable time, to wit: by plea to the sci. fa. against the garnishee. The case was in the Common Pleas.
The case in hand began before a justice of the peace, and the court below held the claim too late, although made…
2Cited by1 opinion
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