Saunders v. Saunders

Wisconsin Supreme Court

Saunders v. Saunders

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

Wisconsin Supreme Court·Decided April 12, 1943·Published·Cited by 10 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

9 N.W.2d 629 (Saunders v. Saunders) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related