Smarsh v. Spade

CULLEN, Commissioner.

In a joint action Ralph Spade and Tony Stout recovered judgments against Pete Smarsh in the amounts of $275 and $300. A power shovel alleged to belong to Pete was attached in the action. Pete’s wife, Helen, intervened and claimed ownership of the shovel. Judgment was entered sustaining the attachment and ordering the shovel sold to satisfy the money judgments against Pete. Helen has attempted to appeal as a matter of right from the judgment on the attachment.

The value of the shovel (which is the amount in controversy) is not fixed by the judgment, either alone or when…