Saunders v. Saunders

Wisconsin Supreme Court

Saunders v. Saunders

9 N.W.2d 629, 243 Wis. 94, 1943 Wisc. LEXIS 77

CourtWisconsin Supreme Court

DecidedApril 12, 1943

StatusPublished

Cited by10 cases

This text of 9 N.W.2d 629 (Saunders v. Saunders) 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. Saunders, 9 N.W.2d 629, 243 Wis. 94, 1943 Wisc. LEXIS 77 (Wis. 1943).

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Opinion

Fairchild, J.

The trial court ordered the city clerk to pay the pension money owing to the appellant directly to the clerk of the court to be paid to the respondent to satisfy her claims for alimony and for the support of the minor child. Regardless of the merits of respondent’s claims, no fact giving the court jurisdiction to make this order to the city clerk has been shown, and it is considered that the order to said clerk was outside of the jurisdiction of the court. This is not an attempt on the part of respondent to proceed under sec. 304.21, Stats.

Appellant relies on sec. 62.13 (9) (d), Stats., which is the exemption clause in the pension law. It is considered that this provision is not applicable in the instant case. See 11 A. L. R. 123; 106 A. L. R. 669. A pension of this sort is as much for the benefit of the family and dependents of the pensioner as it is for him, and their claims cannot be defeated by relying on the exemption clause. See Hodson v. New York City Employees’ R. System, 243 App. Div. 480, 278 N. Y. Supp. 16. The amount of the alimony has been re-examined by the. trial .judge who has indicated as clearly as he properly can the fund out of which it is to be paid.

By the Court. — Judgment reversed so far as the city clerk is concerned, and affirmed in other respects.

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Fairchild, J.

The trial court ordered the city clerk to pay the pension money owing to the appellant directly to the clerk of the court to be paid to the respondent to satisfy her claims for alimony and for the support of the minor child. Regardless of the merits of respondent’s claims, no fact giving the court jurisdiction to make this order to the city clerk has been shown, and it is considered that the order to said clerk was outside of the jurisdiction of the court. This is not an attempt on the part of respondent to proceed under sec. 304.21, Stats.

Appellant relies on sec. 62.13 (9) (d), Stats., which is the exemption clause in the pension law. It is considered that this provision is not applicable in the instant case. See 11 A. L. R. 123; 106 A. L. R. 669. A pension of this sort is as much for the benefit of the family and dependents of the pensioner as it is for him, and their claims cannot be defeated by relying on the exemption clause. See Hodson v. New York City Employees’ R. System, 243 App. Div. 480, 278 N. Y. Supp. 16. The amount of the alimony has been re-examined by the. trial .judge who has indicated as clearly as he properly can the fund out of which it is to be paid.

By the Court. — Judgment reversed so far as the city clerk is concerned, and affirmed in other respects.

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Bluebook (online)

9 N.W.2d 629, 243 Wis. 94, 1943 Wisc. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saunders-v-saunders-wis-1943.

Opinion

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