Durk v. Scully

Citations

• 41 Wash. 357
• 83 P. 426
• 1906 Wash. LEXIS 967

Syllabus

<p>Appeal • — • Dismissal — Garnishment — Amount in Controversy— Jurisdictional Requisite. A garnishment proceeding upon a judgment for $225, upon which $100 had been paid and credited, is an action at law for the recovery of money involving less than $200, and no appeal lies to the supreme court.</p> <p>Same — Garnishee—Right oe Appeal — Judgment—Eeeect—Costs. A garnishee who claims no interest in a fund of $225 in its hands (less than $200 of which was in controversy between the parties), which was ordered to be paid over to an intervener, without costs to the garnishee, is not entitled to appeal from the judgment on the theory that as to it, the $225 was the amount in controversy.</p> <p>Same — Costs. The failure to award costs to a garnishee against whom no judgment was entered, cannot be made the basis for the right to an appeal by the garnishee.</p>