78 Pa. 426 | Pa. | 1875
delivered the opinion of the court, May 24th 1875i
Abraham E. Shelly, one of the defendants, made his deed of assignment to Benjamin McCutchen and Christian W. Brubaker, for the benefit of his creditors, reserving therein the amount ($300) exempted from levy and sale under the Act of 1849. Upon settlement of the account of the assignee, this amount was awarded to Shelly, but before it was paid over to him it was attached by the plaintiff in the hands of the assignee. In order to support this attachment, the plaintiff gave in evidence the narr., in which was recited, as the foundation of the suit, a note under seal, executed by the defendants, with waiver of exemption. The learned judge
The judgment is reversed, and a venire facias de novo is awarded.