No. 26,196.
Precedential
Denied
Processed
Medgorden v. Paulson
Opinion text
Dibell, J. The garnishees appeal from an order made pursuant to G. S. 1923, § 9367, granting the plaintiff leave to file a supplemental complaint making them parties. *369 In Prince v. Heenan, 5 Minn. 279 (347), it is held that sucli order is not appealable. It does not go to the merits nor prevent the entry of a judgment determining the rights of the garnishees. If the order had denied the plaintiff leave to ñle a supplemental complaint, the result might be different, for then the plaintiff could not have had his claim adjudicated. See Wipperman Merc. Co. v. Jacobson, 133 Minn. 326 , 158 N. W. 606 . The order is reviewable but not appealable. Appeal dismissed.