Shallbeter v. George M. Bernstein Company
This text of 218 N.W. 730 (Shallbeter v. George M. Bernstein Company) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from an order denying the motion to discharge the garnishee and to dismiss the garnishee • action. Respondent moved, in this court, for a dismissal of the appeal on the ground that the order was not appealable.
“An order refusing to discharge a garnishee is not appealable, except when the motion challenges the jurisdiction of the court.” 3 Dunnell, Minn. Dig. (2 ed.) § 3979, citing Krafve v. Roy & Roy, 98 Minn. 141, 107 N. W. 966, 116 A. S. R. 346; Security State Bank v. Brecht, 150 Minn. 502, 185 N. W. 1021; Carlson v. Stafford, 166 Minn. 481, 208 N. W. 413.
The record does not show that the motion in any way challenged the jurisdiction of the court.
Appeal dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
218 N.W. 730, 174 Minn. 604, 1928 Minn. LEXIS 1210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shallbeter-v-george-m-bernstein-company-minn-1928.