Execution — Ownership of Goods Levied On — Motion to Quash.
The question of the ownership of goods levied on under execution may be raised by motion to quash, and from the decision on the motion an appeal lies.
A claim to property levied on, by motion to quash the execution, or otherwise, must be heard on the merits by a jury, if either party requires it, but, if the parties agree, the court may hear and pass on the merits in a summary way.
A bill of exceptions not being necessary in a summary proceeding, such as a motion to quash an attachment, it being sufficient that the evidence is properly certified, a bill of exceptions, though informal, is sufficient in such a case if it shows the proofs submitted in the trial court.
Decided January 15th, 1936.
SLOAN, J., delivered the opinion of the Court.
Unreported cases.