Ballagh v. Williams

DRAPEAU, J. pro tem.

In this action to recover a money judgment the plaintiff levied an attachment on the interest of the defendant in and to certain corporate stock. After the judgment in favor of the plaintiff, and before levy of execution, a third party claim to the stock was filed. Upon the hearing of the third party claim, plaintiff’s objection to any evidence "was sustained on the ground that the court had no jurisdiction to determine the merits. From the minute order and judgment of dismissal of the petition of the third party claimant, this appeal is prosecuted.

*304The claim was presented…