Eakle v. Hayes

This appeal presents a garnishment proceeding, based on a judgment previously obtained by plaintiff in the action against the principal defendants, for damages to plaintiff’s automobile. On the issues framed in the garnishment proceeding, a hearing was had, pursuant to which the court made findings of fact from which it was concluded that plaintiff was not entitled to recover from the garnishee defendant. From a judgment dismissing the writ of garnishment, plaintiff appealed.

The facts material to the controversy are these: On February 5, 1932, appellant’s automobile collided with an…