33 Minn. 262 | Minn. | 1885
The garnishee summons was served January 18,
Although the complaint, when considered alone, is defective, yet we think that the answer supplies what is wanting in the complaint, and that the claimants should have been allowed to establish by evidence their claim respecting the indebtedness or property which was the subject of the garnishment. The complaint alleges the delivery to the claimants by the garnishees, on the first day of December, 1883, of the check of the garnishees for $500, pursuant to an agreement between the defendant, the garnishees, and the claimants, and that
The case thus presented by the pleadings entitled the claimants to a trial of their asserted title to the property which the plaintiff seeks to appropriate through the garnishee proceedings. It is not now important whether the subject of the garnishment, as disclosed by the garnishees, is to be regarded as the check of the garnishees, or their indebtedness to the defendant. Whether it was the one or the other, the claimants’ complaint asserts an assignment to them prior to the garnishment.
It is suggested that the order refusing to discharge the garnishees upon disclosure, being unreversed and not appealed from, was conclusive. The answer to that is that these claimants were not then parties to the proceeding's, and as to them, at least, it was not an adjudication. They were properly allowed afterwards to intervene, under the statute, in order that they might litigate their asserted supe-
The order refusing a new trial is reversed, and the cause remanded for further proceedings in the district court.