Saunders v. Johnson

Wisconsin Supreme Court

Saunders v. Johnson

9 N.W.2d 630, 243 Wis. 96, 1943 Wisc. LEXIS 78

CourtWisconsin Supreme Court

DecidedApril 12, 1943

StatusPublished

Cited by1 cases

This text of 9 N.W.2d 630 (Saunders v. Johnson) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Saunders v. Johnson, 9 N.W.2d 630, 243 Wis. 96, 1943 Wisc. LEXIS 78 (Wis. 1943).

Pincite

Opinion

Fairchild, J.

No authority has been cited and we are unable to discover any allowing the city clerk to withhold the pension mon'ey on his own initiative, even though he is thus *97 attempting to pay a debt of the pensioner. Until he is presented with a judgment constituting a valid claim under sec. 304.21, Stats., he has no alternative but to pay the money due to the appellant. It was, therefore, error to quash the alternative writ of mandamus.

By the Court. — Judgment reversed.

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Fairchild, J.

No authority has been cited and we are unable to discover any allowing the city clerk to withhold the pension mon'ey on his own initiative, even though he is thus *97 attempting to pay a debt of the pensioner. Until he is presented with a judgment constituting a valid claim under sec. 304.21, Stats., he has no alternative but to pay the money due to the appellant. It was, therefore, error to quash the alternative writ of mandamus.

By the Court. — Judgment reversed.

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Bluebook (online)

9 N.W.2d 630, 243 Wis. 96, 1943 Wisc. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saunders-v-johnson-wis-1943.

Opinion

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