Helms v. CHANDLER

Opinion by

Mr. Justice O’Brien,

Bertha Helms recovered a judgment against Lewis R. Chandler and Legusata Thomas, in an action of tres pass arising ont of an automobile accident. After entry of the judgment, Bertba Helms caused a writ of execution to issue, naming Home Mutual Casualty Company, appellant, as garnishee, and, further, serving interrogatories on Home Mutual as garnishee.

Appellant filed answers to the interrogatories and, subsequently, amended answer to the interrogatories, but neither time did it set up a defense, which it asserts is available to it, as new matter in the answers.

When…