Duffey v. Reardon

Citations

• 70 Ohio St. (N.S.) 328

Syllabus

<p>Order by justice of peace — In aid of execution — That judgment debtor shall pay amount of indebtedness into court — Is a final order, reviewable on error, when — Unmarried judgment debtor supporting widowed mother may demand exemptions— Under .sections 6489 and 6680-1, Revised Statutes — Of personal earnings, etc. — Law of exemptions.</p> <p>1. An order made by a justice óf the peace in proceedings in aid of execution, that a third party, who appears on notice for that purpose and.admits an indebtedness to the. judgment debtor, shall pay into court the amount of such indebtedness tó apply on the judgment, is a final order reviewable on error at the suit of the judgment debtor, where it is made over . his demand that the amount so due him is exempt under .the laws of Ohio.</p> <p>2. In proceedings in aid of execution, before a justice of the peace, against an unmarried judgment debtor, having in good' faith the maintenance and support of his widowed mother, wholly dependent upon him for support, such judgment debtor, under the provisions of sections 6489 and 6680-1, Eevised Statutes, may demand and hold as exempt from the ■' orders of the justice, his personal earnings in a sum less than $150, if the same have been earned within three months next preceding the commencement of the proceeding. Riley v. Ritzier, 49 Ohio St., 651, distinguished. ■</p>