Swaney v. Doumont

Citations

• 44 Pa. Super. 49
• 1910 Pa. Super. LEXIS 122

Syllabus

<p>Landlord and tenant — Exemption—Husband and wife — Wife’s goods on premises.</p> <p>1. The goods of the wife of a tenant on the demised premises may be seized for rent, and the wife is not entitled as against the landlord to the benefit of the $300 exemption law. She is not a defendant nor debtor within the meaning of the Act of April 9, 1849, P. L. 533.</p> <p>2. Where a wife sues her husband’s landlord for an alleged wrongful seizure and sale of her goods for rent, and sets up in her statement of claim that the defendant had been guilty of trespass for two reasons, (1) that she had not received proper notice of the levy, and (2) that she had not been allowed the benefit of the exemption law, she will not be permitted at the trial, without any amendment of the statement of claim, to show that certain property had been returned as having been sold for a less price than she bid for it at the sale.</p>