Medgorden v. Paulson

Supreme Court of Minnesota

Medgorden v. Paulson

215 N.W. 516, 172 Minn. 368, 1927 Minn. LEXIS 1277

Supreme Court of Minnesota·Decided October 7, 1927·No. No. 26,196.·Published·Cited by 1 cases

Opinion

Dibell, J.

The garnishees appeal from an order made pursuant to G. S. 1923, § 9367, granting the plaintiff leave to file a supplemental complaint making them parties.

*369 In Prince v. Heenan, 5 Minn. 279 (347), it is held that sucli order is not appealable. It does not go to the merits nor prevent the entry of a judgment determining the rights of the garnishees. If the order had denied the plaintiff leave to ñle a supplemental complaint, the result might be different, for then the plaintiff could not have had his claim adjudicated. See Wipperman Merc. Co. v. Jacobson, 133 Minn. 326, 158 N. W. 606. The order is reviewable but not appealable.

Appeal dismissed.

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Dibell, J.

The garnishees appeal from an order made pursuant to G. S. 1923, § 9367, granting the plaintiff leave to file a supplemental complaint making them parties.

*369 In Prince v. Heenan, 5 Minn. 279 (347), it is held that sucli order is not appealable. It does not go to the merits nor prevent the entry of a judgment determining the rights of the garnishees. If the order had denied the plaintiff leave to ñle a supplemental complaint, the result might be different, for then the plaintiff could not have had his claim adjudicated. See Wipperman Merc. Co. v. Jacobson, 133 Minn. 326, 158 N. W. 606. The order is reviewable but not appealable.

Appeal dismissed.

Medgorden v. Paulson, 215 N.W. 516, 172 Minn. 368, 1927 Minn. LEXIS 1277 (Mich. 1927).

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Opinion

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