Minnesota Supreme Court, 1928

Shallbeter v. George M. Bernstein Company

Shallbeter v. George M. Bernstein Company
Minnesota Supreme Court · Decided March 30, 1928 · PER CURIAM.
218 N.W. 730; 174 Minn. 604; 1928 Minn. LEXIS 1210 (North Western Reporter)

Counsel

George T. Simpson , for appellant. Edward Chalgren , for respondent.

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Shallbeter v. George M. Bernstein Company

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1 later published case cites this decision.

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Opinion of the Court

PER CURIAM.

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.