Edsall

Respondents move to dismiss this appeal upon the ground that it is not within the jurisdiction of the ■court. The case is this: The intervenor, Ackley, obtained a judgment against the defendant Short. Defendant Whelan, who is sheriff of San Francisco, levied execution upon property of Short of a value less than three hundred dollars. Edsall, for himself and as assignee of others claiming to have been employees of Short, made a demand upon Whelan, under the provisions of section 1206 of the Code of Civil Procedure, that he pay over to them the proceeds of the execution. The execution creditor, Ackley, disputed the indebtedness, and Edsall thereupon commenced an action in the justice’s court to establish his ■own and assigned claims, which altogether amounted to less than three hundred dollars. Ackley intervened and contested the claims, but judgment passed for the plaintiff, and on appeal to the superior court, after a trial de novo, judgment was again given for the plaintiff. Ackley moved for a new trial, which was ■denied, and this is an appeal from that order.

*534 Appellant, in opposition, to the motion to dismiss, contends that this is a suit in. equity of which the superior…