First Fidelity Insurance v. Busbia

Bell, Chief Judge.

The plaintiff sought recovery against an insurer on a prior judgment that plaintiff had obtained against third parties allegedly insured under an automobile liability policy. The record of the prior case, tried in a superior court, was admitted in evidence. It revealed that the defendants defaulted; that as the action was ex delicto, a jury of eleven persons was impaneled which awarded plaintiff $10,000 in damages; and that a judgment for that amount was entered. No written stipulation is contained in the record of the prior case that the jury would be composed of less than…