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WELCH v. FIBER GLASS ENGINEERING, INC.

31 Wis.2d 143 (1966)

WELCH and wife, Assignees, Plaintiffs and Appellants, v. FIBER GLASS ENGINEERING, INC., and others, Defendants: MIDDLETON, Defendant and Respondent: KIRLEY, Clerk of Circuit Court, Garnishee Defendant.

Supreme Court of Wisconsin.

May 13, 1966.

Attorney(s) appearing for the Case

For the appellants there were briefs by Immell, Herro, Buehner, DeWitt & Sundby of Madison, and oral argument by Jack R. DeWitt.

For the respondent there was a brief and oral argument by John T. Harrington of Madison.

CURRIE, C. J.

The sole issue on this appeal is whether the funds in the hands of the clerk of court are exempt from garnishment as being money in her hands within the meaning of sec. 267.18 (3), Stats., when the court has directed payment of those funds to the debtor of the party attempting garnishment. Sec. 267.18 (3) in part provides:

"No person shall be liable as garnishee: . . .

"(3) By reason of any money in his hands as a public officer; . ....

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