Clark v. DISTRICT DISCOUNT COMPANY, INC.

District of Columbia Court of Appeals

Clark v. DISTRICT DISCOUNT COMPANY, INC.

151 A.2d 198, 1959 D.C. App. LEXIS 260

CourtDistrict of Columbia Court of Appeals

DecidedMay 20, 1959

Docket2345

StatusPublished

Cited by6 cases

This text of 151 A.2d 198 (Clark v. DISTRICT DISCOUNT COMPANY, INC.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. DISTRICT DISCOUNT COMPANY, INC., 151 A.2d 198, 1959 D.C. App. LEXIS 260 (D.C. 1959).

Pincite

Opinion

HOOD, Associate Judge.

Appellee sued appellant and caused to be issued a writ of attachment before judgment on the ground that appellant was a nonresident, 1 and certain of appellant’s credits were seized. Appellant then came into court and moved to quash the attachment. This appeal was taken from an order denying his motion.

Our first question is whether the order is appealable. No final order or judgment has been entered and this court’s jurisdiction to hear appeals from interlocutory orders is limited to appeals from orders “whereby the possession of property is changed or affected such as orders dissolving writs of attachment and the like.” 2

*199 An order denying a motion to quash a writ of attachment does not change or affect the possession of property and is not appealable. Hayes v. Conger, 36 App.D.C. 202; Chas. McCaul Co. v. Harr, 51 App.D.C. 111, 276 F. 633. To be appeal-able the order must be one which if carried into effect would change or affect possession by changing “the status quo ante” the order. Laughlin v. Berens, 75 U.S.App.D.C. 409, 411, 128 F.2d 23, 25. See also Levy v. Arsenault, D.C.Mun.App., 63 A .2d 671.

If we consider the motion as one to quash service of process because it was the attachment that brought appellant into court, the same result is reached. It has been repeatedly held that on order overruling a motion to quash service is not final and appealable. Chappell v. O’Brien, 22 App.D.C. 190; Mitchell Mining Co. v. Emig, 35 App.D.C. 527; Church v. Church, 50 App.D.C. 239, 270 F. 361, 14 A.L.R. 769; Trans-Atlantic Trust Co. v. Pagenstecher, 53 App.D.C. 42, 287 F. 1019; Mellon v. Mertz, 58 App.D.C. 302, 30 F.2d 311; Atlas Van Lines v. Austin, D.C.Mun.App., 44 A. 2d 696.

Appeal dismissed.

1

. Code 1951, § 16-301.

2

. Code 1951, § 11-772(a).

Free access — add to your briefcase to read the full text and ask questions with AI

HOOD, Associate Judge.

Appellee sued appellant and caused to be issued a writ of attachment before judgment on the ground that appellant was a nonresident, 1 and certain of appellant’s credits were seized. Appellant then came into court and moved to quash the attachment. This appeal was taken from an order denying his motion.

Our first question is whether the order is appealable. No final order or judgment has been entered and this court’s jurisdiction to hear appeals from interlocutory orders is limited to appeals from orders “whereby the possession of property is changed or affected such as orders dissolving writs of attachment and the like.” 2

*199 An order denying a motion to quash a writ of attachment does not change or affect the possession of property and is not appealable. Hayes v. Conger, 36 App.D.C. 202; Chas. McCaul Co. v. Harr, 51 App.D.C. 111, 276 F. 633. To be appeal-able the order must be one which if carried into effect would change or affect possession by changing “the status quo ante” the order. Laughlin v. Berens, 75 U.S.App.D.C. 409, 411, 128 F.2d 23, 25. See also Levy v. Arsenault, D.C.Mun.App., 63 A .2d 671.

If we consider the motion as one to quash service of process because it was the attachment that brought appellant into court, the same result is reached. It has been repeatedly held that on order overruling a motion to quash service is not final and appealable. Chappell v. O’Brien, 22 App.D.C. 190; Mitchell Mining Co. v. Emig, 35 App.D.C. 527; Church v. Church, 50 App.D.C. 239, 270 F. 361, 14 A.L.R. 769; Trans-Atlantic Trust Co. v. Pagenstecher, 53 App.D.C. 42, 287 F. 1019; Mellon v. Mertz, 58 App.D.C. 302, 30 F.2d 311; Atlas Van Lines v. Austin, D.C.Mun.App., 44 A. 2d 696.

Appeal dismissed.

1

. Code 1951, § 16-301.

2

. Code 1951, § 11-772(a).

Cite This Page — Counsel Stack

Bluebook (online)

151 A.2d 198, 1959 D.C. App. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-district-discount-company-inc-dc-1959.

Opinion

Related

Cite This Page — Counsel Stack