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31 Pa. 329

Gery v. Ehrgood

Supreme Court of Pennsylvania

Decided July 1, 1858

Supreme Court of Pennsylvania · decided 1858-07-01

<p>Money awarded to a defendant, out of the proceeds of his real estate, under the exemption law of 1849, and paid over to his attorney by the sheriff, is not liable to be attached in the hands of the attorney.</p>

Cited by 1 later decisions — most recently November 1940

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

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Per Curiam.

¶1This money was decreed to be paid to Gery, in place of property, under the exemption law, and was paid to his counsel for him, and immediately arrested in his hands by an execution attachment. We do not think that any logical result of legal analogies ought to sustain this proceeding. The plain sense of the law is, that $300 worth of property is to be saved .to Gery from his execution creditors; and this money, which is given in its stead, cannot be attached while passing from the court to his hands.

¶2The decree on the attachment execution is reversed, and is now entered in favour of the defendant below, with costs, and the record is remitted.

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