Kaeding v. Hacking

Supreme Court of Minnesota

Kaeding v. Hacking

287 N.W. 876, 206 Minn. 648, 1939 Minn. LEXIS 713

Supreme Court of Minnesota·Decided November 24, 1939·No. No. 32,222.·Published

Opinion

Per Curiam.

Motion to dismiss an appeal from order of district court of Hennepin county denying motion to discharge a garnishee, the motion being made after disclosure, on the ground that “the moneys in the possession of said garnishee * * * are trust funds belonging to persons other than defendants herein.” The motion to discharge the garnishee does not expressly or by implication question the jurisdiction of the district *649 court over the person or property of the garnishee. Therefore the order is not appealable. Shallbeter v. George M. Bernstein Co. 174 Minn. 604, 218 N. W. 730, and cases cited.

Appeal dismissed.

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Per Curiam.

Motion to dismiss an appeal from order of district court of Hennepin county denying motion to discharge a garnishee, the motion being made after disclosure, on the ground that “the moneys in the possession of said garnishee * * * are trust funds belonging to persons other than defendants herein.” The motion to discharge the garnishee does not expressly or by implication question the jurisdiction of the district *649 court over the person or property of the garnishee. Therefore the order is not appealable. Shallbeter v. George M. Bernstein Co. 174 Minn. 604, 218 N. W. 730, and cases cited.

Appeal dismissed.

Kaeding v. Hacking, 287 N.W. 876, 206 Minn. 648, 1939 Minn. LEXIS 713 (Mich. 1939).

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Opinion

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