Gray v. Houck

This is an action for damages for personal injuries suffered in an automobile accident. The defendant, Houck, left the state before service could be had upon him, and jurisdiction is asserted in this action, begun several years later, by petition for attachment by garnishment of the Travelers ’ Insurance Company, as the debtor of the defendant.

Such process is authorized by statute in behalf of a tort claimed against one who is “indebted” to the defendant. Code, sections 9397, 9428.

The circuit court concluded, from the averment's of the petition and affidavit for attachment, that the insurance…