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Mitchell v. Amer. Family Ins. Co.

Supreme Court of Colorado. En Banc
Sep 5, 1972
502 P.2d 79 (Colo. 1972)

Opinion

No. 24926

Decided September 5, 1972.

Garnishment proceedings. Garnishee's liability not established.

Garnishment Vacated and Appeal Dismissed

1. GARNISHMENTCase — Insured — Reversed — Liability of Insurer — Vacated. Where case which found liability against insured had been reversed and remanded for new trial, insurer's liability as garnishee was not established; hence, garnishment vacated and appeal dismissed.

Appeal from the District Court of Larimer County, Honorable Conrad L. Ball, Judge.

Hill and Hill, Alden T. Hill, Alden V. Hill, for plaintiff-appellee.

Warberg and Mast, Sonja E. Warberg, D. Chet Mast, for defendant-appellant.


[1] Judgment was entered against appellant insurance company, as garnishee, for damages found against its insured, and the insurance company appealed. The case which found liability has been reversed and remanded for new trial. Dolan v. Mitchell, 179 Colo. 359, 502 P.2d 72. The garnishee's liability is not established. Hence, the garnishment is vacated and the appeal is dismissed.

MR. JUSTICE DAY not participating.


Summaries of

Mitchell v. Amer. Family Ins. Co.

Supreme Court of Colorado. En Banc
Sep 5, 1972
502 P.2d 79 (Colo. 1972)
Case details for

Mitchell v. Amer. Family Ins. Co.

Case Details

Full title:Alice C. Mitchell v. American Family Mutual Insurance Company, garnishee

Court:Supreme Court of Colorado. En Banc

Date published: Sep 5, 1972

Citations

502 P.2d 79 (Colo. 1972)
502 P.2d 79