
    A. G. SHALLBETER v. GEORGE M. BERNSTEIN COMPANY AND ANOTHER. NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS, GARNISHEE.
    
    March 30, 1928.
    No. 26,680.
    Order not appealable.
    Order denying motion to discharge the garnishee is not appealable unless jurisdiction of the court is challenged by the motion. [Reporter]
    Appeal and Error, 3 C. J. p. 553 n. 41 New.
    
      The garnishee appealed from an order of the district court for Hennepin county, Montgomery, J. denying its motion to be discharged and for a dismissal of the garnishee action.
    Appeal dismissed.
    
      George T. Simpson, for appellant.
    
      Edzvard Chalgren, for respondent.
    
      
      Reported in 218 N. W. 730.
    
   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.  