Opinion
No. 32,222.
November 24, 1939.
Motion by plaintiff to dismiss an appeal by defendants from an order of the district court for Hennepin county, Levi M. Hall, Judge, denying their motion to discharge a garnishee. Appeal dismissed.
Clarence O. Holten, for appellants.
Benjamin Segal and Benjamin L. Rosenberg, for respondent.
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 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.