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36 Pa. 342

Scott v. Watson

Supreme Court of Pennsylvania

Decided July 1, 1860

Supreme Court of Pennsylvania · decided 1860-07-01

This was an attachment execution issued by a justice of the peace, on a judgment in favour of Watson & Brown against Evans Benn, and served… Held: that the amount of such wages might be attached for the master’s debt in the hands of the employer; so where a man contracted to repair the streets, and had horses, carts, and men employed to do the work at certain wages, it was held, that the sum due for their work to the contractor was liable to be attached for his debt in the…

Decided 1860-07-01

Per Curiam.

¶1The debt attached is really due for the wages of a labourer. It was intended that it should be applied to the purchase of a lot of ground; but this intention. failed, and it remained a debt for wages. It never was anything else, for it never was really applied, or, if it was, it was only contingently applied. The execution attachment did not change the nature of the thing attached: it repiained a debt for wages still. If the purchase of the lot had been completed, the plaintiffs might 'have seized that, but it would have been subject to another exemption law. They have attached only the wages intended to be applied to that purchase, and they must take nothing by their writ. '.

¶2Judgment reversed, and judgment for the defendant with costs, and record remitted.

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