Manly v. Bitzer
Court of Appeals of Kentucky
Case 109 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. A policeman can not assign his wages which he expects to earn in future so as to defeat a creditor who attaches them after they are earned. (Ross v. Wilson, 7 Bush, 34; Hutchison, &c., v. Ford, 9 Bush, 318; Loth v. Carty, 9 Ky.
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Case 109 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. A policeman can not assign his wages which he expects to earn in future so as to defeat a creditor who attaches them after they are earned. (Ross v. Wilson, 7 Bush, 34; Hutchison, &c., v. Ford, 9 Bush, 318; Loth v. Carty, 9 Ky. Law Rep., 131.) Cases explained: Newberry v. Hill, 2 Met., 530; Zaring v. Cox, 78 Ky., 527; Griffith v. Shadburn, MS. Op., Sept. 13, 1876. Wages to be earned under an existing employment or contract have ' a potential existence, and can be assigned before they are earned. (Sheppard’s Touchstone, 241;…
1Opinion of the CourtChief Justice Holt
This is a controversy over the wages of Frank Manly as a policeman of the city of Louisville. It is between a creditor and a purchaser. The claims of both are bona fide. The former, the appellant, Mary Manly, having a judgment for her debt and a return of nulla bona, sued out attachments during several months, and garnished the wages of Manly in the hands of the city. He had, however, on or near the first of each month, and prior to the attachment in each instance, sold the claim for the wages of that month to the appellee, Peter Bitzer. In one instance the sale was on the second day of the…
2Cases cited4 opinions
- Newby & Taylor v. Hill & MillionCourt of Appeals of Kentucky · 1859
- Loth & Haas v. CartyCourt of Appeals of Kentucky · 1887
- Ross v. Wilson, Peter & Co.Court of Appeals of Kentucky · 1869
- Hutchinson, McChesney & Co. v. FordCourt of Appeals of Kentucky · 1872
3Cited by15 opinions
- Wender Blue Gem Coal Co. v. Louisville Property Co.Court of Appeals of Kentucky · 1910
- United States Cast Iron Pipe & Foundry Co. v. Henry Vogt Machine Co.Court of Appeals of Kentucky · 1918
- Holt v. ThurmanCourt of Appeals of Kentucky · 1901
- Cheatham v. Tennell's AssigneeCourt of Appeals of Kentucky · 1916
- Levi v. Loevenhart & Co.Court of Appeals of Kentucky · 1910
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