First National Bank v. Bartlett

Citations

• 35 Pa. Super. 593
• 1908 Pa. Super. LEXIS 87

Syllabus

<p>Judgment — Judgment note — Demand —Precedent demand.</p> <p>A judgment note payable on demand may be entered up without a precedent demand and execution may be issued at once because the judgment is due.</p> <p>Bankruptcy — Exemption—Debtor’s exemption — Execution.</p> <p>A judgment creditor of a bankrupt who holds a waiver by him of the benefits of the state exemption laws may have the sheriff levy upon and sell the exempt goods of the bankrupt at any time before his final discharge. The title to the exempt property never passes to the trustee in bankruptcy.</p> <p>Where a fi. fa. has issued and exempt property levied upon, but the same cannot be sold because of a restraining order of the bankrupt court, such property after the restraining order has been modified as to it, may be sold on a writ of venditioni exponas issued on the same day that the restraining order was modified. In such a case the lien of the levy during the pendency of the proceedings to appraise and set apart the property to the defendant, and of the restraining order, remains unaffected; and this is so, although there was no stipulation in the order staying the writ that its lien should remain.</p>