Liberty National Insurance Company v. Eberhart

DI.MOND, Justice.

Jennie Loretta Fisher was killed in an automobile collision. The administrator of her estate, appellee Eberhart, brought suit against' Melvin Sh'ar-p,' the driver of one of the. vehicles, and recovered a judgment qf $20,0.00 plus costs. Appeals were taken from this judgment by both Eberhart and Sharp.> While the appeals were pending 1 , appellee Eberhart executed on the judgment and obtained from Sharp’s insurer, appellant Liberty National Insurance Company,-the 'sum of $10,000 which was the insurance''policy limit for bodily injury liability.' In a garnishment proceeding…