Chronister Ex Rel. Chronister v. State Farm Mutual Automobile Insurance

CHAVEZ, Justice.

This is the second time that this case comes before us. In our prior opinion found in 67 N.M. 170, 353 P.2d 1059, wherein the facts are stated, we held that triable issues of fact were presented and we remanded the case with direction to set aside the summary judgment and proceed with trial of all triable issues raised by garnishee’s answer.

Upon remand, appellants filed a traverse to garnishee’s answers of January 14, 1958, and February 20, 1959, in which appellants alleged that the garnishee was indebted to defendant Sparkman under the terms of an automobile insurance policy.…