Wisconsin Supreme Court, 1943

Saunders v. Johnson

Saunders v. Johnson
Wisconsin Supreme Court · Decided April 12, 1943 · Fairchild
9 N.W.2d 630; 243 Wis. 96; 1943 Wisc. LEXIS 78 (North Western Reporter, Second Series)

Saunders v. Johnson

Opinion of the Court

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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