Folschow v. Werner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewa/umee County. In proceedings supplementary to execution instituted before a court commissioner, under B. S., sec. 3031, the defendant, the execution debtor, answered that he had in his possession $500 in money which he received from the United States in payment of a pension granted to him by the government.
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APPEAL from the Circuit Court for Kewa/umee County. In proceedings supplementary to execution instituted before a court commissioner, under B. S., sec. 3031, the defendant, the execution debtor, answered that he had in his possession $500 in money which he received from the United States in payment of a pension granted to him by the government. The commissioner made an order requiring him to pay over the money to the sheriff, to be applied on the plaintiff’s judgment against him. The circuit court, on motion of defendant, vacated the commissioner’s order, and the plaintiff appealed from the…
1Opinion of the CourtLtoit, J.
The only question presented by this appeal is: Can the money received by the defendant from the United States on account of a pension granted to him, be reached by a judgment creditor in this proceeding? In 1866, congress enacted as follows: “No sums of money due, or to become due, to any pensioner shall be liable to attachment, levy or seizure by of under any legal or equitable process whatever, whether the same remains with the pension office or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such…
2Cases cited2 opinions
- Watkins v. BlatschinskiWisconsin Supreme Court · 1876
- Eckert v. McKeeCourt of Appeals of Kentucky · 1872
3Cited by11 opinions
- Recor v. Commercial & Savings BankMichigan Supreme Court · 1905
- In Re BogueUnited States Bankruptcy Court, E.D. Wisconsin · 1999
- Webb v. HoltSupreme Court of Iowa · 1882
- St. Augustine School v. Carolyn Stanford TaylorWisconsin Supreme Court · 2021
- Matter of WoodsUnited States Bankruptcy Court, W.D. Wisconsin · 1986
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