Aetna Casualty & Surety Co. v. Shihada

PEARSON, Judge.

The appellant was the garnishee in an action after judgment. The appellee, gar-nishor, was the plaintiff in the principal action. The appellant, an insurance company, appeals the final judgment in garnishment upon the ground that the evidence before the trial judge established as a matter of law that the insurance contract was violated by the tort-feasor’s failure to co-operate.

The evidence relied upon in an attempt to establish that the findings of the trial judge are against the manifest weight of the evidence is: (1) Two written statements of the tort-feasor taken by…