James v. Ward

Transit Casualty Co., hereinafter referred to as “Transit,” appeals from a $10,000 judgment entered against it after a trial to the court on a controverted garnishment.

Douglas Dale James obtained by default judgment a $15,000 award of damages against defendant Marvin D. Ward for the personal injuries he sustained in an automobile accident in which Ward was the driver and James his guest passenger. James then garnisheed Transit, Ward’s insurer, claiming Transit was indebted to Ward pursuant to the coverage contained in its policy with Ward. Transit denied any indebtedness because of alleged…