Welch v. Fiber Glass Engineering, Inc.

The sole issue on this appeal is whether the funds in the hands of the clerk of court are exempt from garnishment as being money in her hands within the meaning of sec. 267.18 (3), Stats., when the court has directed payment of those funds to the debtor of the party attempting garnishment. Sec. 267.18 (3) in part provides:

“No person shall be liable as garnishee: . . .

“ (3) By reason of any money in his hands as a public officer; . . .”

It is a general rule at common law that property or funds held in one’s capacity as a public officer or by authority derived from law are deemed held in…