Surplus v. Remmele

The defendant moves to vacate an order here-' tofore obtained by the plaintiff restraining the defendant from withdrawing the sum of $1,250 on deposit in her account in the Workers Trust Company, Johnson City, New York. The defendant argues that such deposit is composed entirely of pension moneys obtained by her deceased husband from the United States Government and that they are therefore exempt from the claims of her creditors under section 667 of the Civil Practice Act and section 454a of title 38 of the United States Code.

Section 667 of the Civil Practice Act, insofar as it is material…