October 5, 2012

James S. Fish v. Eliza Hays, Rockcastle, 1872

James S. Fish v. Eliza Hays.

COURT OF APPEALS OF KENTUCKY

6 Ky. Op. 108; 1872 Ky. LEXIS 441

December 15, 1872, Decided

PRIOR HISTORY:   [**1]  APPEAL FROM ROCKCASTLE CIRCUIT COURT.

DISPOSITION: Judgment affirmed.

COUNSEL: Eastham, for appellant.

C. Kirtly, for appellee. 

JUDGES: Judge Peters. 

OPINION BY: Peters 

OPINION

 [*108]  Opinion by Judge Peters:

The bounties granted to the families of deceased soldiers are intended to compensate them in some degree for their bereavement, and the loss of that aid to which they had a right to look for their support; and in order to make these bounties the more effectual, Congress has provided that they shall not be liable to attachment, levy or seizure by or under any equitable, or legal process whatever,  [*109]  but shall remain to the benefit of the persons intended to be provided for.

Even, therefore, if the money which was not received by the father in his lifetime did not pass to the mother on his death, to which opinion we incline, still we are satisfied it was not subject to seizure in the course of transmission to the person entitled thereto.

Wherefore the judgment sustaining the demurrer to the petition is affirmed.

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