Wells v. FRANKLIN CASUALTY INSURANCE COMPANY

IRWIN, Justice.

Alvah Henry Wells obtained a judgment against Paul W. Hamilton, Sr., for the death of his wife, Grace Wells, based upon an automobile collision occurring March 10, 1958. The judgment not being paid an execution was issued against the judgment debtor which was returned unsatisfied and endorsed, “no property found”. Thereafter, Alvah Henry Wells commenced garnishment proceedings against Franklin Casualty Insurance Company on the theory the Franklin Casualty Insurance Company has issued a liability insurance policy to Paul W. Hamilton, Sr., and was therefore liable to Hamilton for…