146 P. 941 | Mont. | 1915
delivered the opinion of the court.
In 1910 the Commercial National Bank, a corporation, recovered judgment in a justice of the peace court against J. S. Iman for something over $200. Execution was issued and placed in the' hands of Constable Thos. J. Murphy, who levied upon $156.49, then on deposit with the Missoula Trust & Savings Bank, in the name of Iman & Son. Wilhelmina Iman and Russel O. Iman laid claim to the exclusive ownership of the deposit,
The contention of appellants is that the action is one at law,
The trial court was clearly within the rightful exercise of its authority in discharging the jury and deciding the controversy, and its judgment is affirmed.
Affirmed.