(DOWNLOAD) "Howard T. Cain v. Yung R. Cain" by Eighth District, El Paso No. 08-87-00118-CV Court of Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Howard T. Cain v. Yung R. Cain
- Author : Eighth District, El Paso No. 08-87-00118-CV Court of Appeals of Texas
- Release Date : January 09, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Opinion ON MOTION FOR REHEARING MAX N. OSBORN, Chief Justice The Appellant in his Motion for Rehearing, which contains no
points "distinctly specified" as required by Tex.R.App.P. 100(a) argues that our "opinion is tantamount to judicial legislation." We did not conceive nor pass the turnover statute. The legislature has known for more than fifty years that it has been the
law of this state that the "current wages" exemption did not apply to funds once they had been paid to a wage earner. For
at least ten years military retirement pay has been classified by the courts of this state as "property" and not as current
wages. The legislature knows how to provide a period for protection even after funds are paid.