Steffens v. Rowley

EDMONDS, J., pro tem.

This appeal questions the right of the superior court to add “with prejudice” to an order granting the motion of petitioner in an application for a hearing on a third party claim, pursuant to sections 549 and 689 of the Code of Civil Procedure, to dismiss the petition.

Gustav Steffens brought an action in the superior court and procured a writ of attachment which was levied upon certain property alleged to be owned by L. T. Rowley, one of the defendants. R. E. Rowley filed a third party claim to the property. Plaintiff then presented to the court his petition asking that a…