Leader Nat. Ins. Co. v. Lindsey

477 So.2d 1323 (1985)

LEADER NATIONAL INSURANCE COMPANY

v.

Terry LINDSEY and Kim Coker.

Nos. 54756, 55095.

Supreme Court of Mississippi.

July 24, 1985.

C. Denton Gibbes, Eugene M. Harlow, Gibbes, Graves, Mullins, Bullock & Ferris, Laurel, for appellant.

Thomas Tucker Buchanan, Billie J. Graham, Buchanan & Graham, Laurel, for appellees.

En Banc.

PRATHER, Justice, for the Court:

This appeal addresses the question of which party has the burden of pleading and proving a matter in avoidance of liability in a garnishment suit. Stated differently, the question is whether the judgment creditor in an automobile…