
    Saunders, Appellant, vs. Johnson, City Clerk, Respondent.
    
      April 12
    
    May 18, 1943.
    
    The cause was submitted for the appellant on the brief of John Garvin of Ashland, and for the respondent on the brief of W. H. Cate, city attorney.
   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 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.  