Schwenk v. Wyckoff
Supreme Court of New Jersey
On appeal from the decree in Wyckoff v. Schwenk advised by Vice-Chancellor Van Fleet, as follows: This cause coming on to be heard before the court in the presence of Frank Bergen, solicitor for and of counsel with the complainant, and Frederick Frambach, esquire, solicitor for and of counsel with the defendant, and the pleadings having been read, and the proofs of the respective parties offered and counsel heard thereon, and the court having considered the same, and it…
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On appeal from the decree in Wyckoff v. Schwenk advised by Vice-Chancellor Van Fleet, as follows: This cause coming on to be heard before the court in the presence of Frank Bergen, solicitor for and of counsel with the complainant, and Frederick Frambach, esquire, solicitor for and of counsel with the defendant, and the pleadings having been read, and the proofs of the respective parties offered and counsel heard thereon, and the court having considered the same, and it appearing that the said defendant, being an officer of the United States army on the retired list and entitled to draw the…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The right of the respondent, who was the complainant below, to the relief for which she prays, rests upon an assignment made to her husband by the defendant. The subject-matter which the ássignment was supposed to operate upon, was the unearned pay of the defendant, to become due to him as a retired officer of the United States army.
In the consideration of the cause, we meet at the outset a difficulty which lies at the root of the complainant’s case. It exists in the shape of an objection interposed by the defendant, that this assignment…
2Cases cited6 opinions
- Bliss v. . LawrenceNew York Court of Appeals · 1874
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
- Bangs v. DunnCalifornia Supreme Court · 1884
- Schloss v. HewlettSupreme Court of Alabama · 1886
- Field v. ChipleyCourt of Appeals of Kentucky · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bankr. L. Rep. P 77,292 in Re Dudley M. Moorhous, Jr., Debtor. Earl Dorfman Sharon Dorfman v. Dudley M. Moorhous, Jr. Dorothy MoorhousCourt of Appeals for the Fourth Circuit · 1997
- Structured Investments Co. v. Price (In Re Price)United States Bankruptcy Court, E.D. Arkansas · 2004