St. Paul Fire and Marine Insurance Co. v. Rutledge

COMPTON, Chief Justice.

This is an appeal from a judgment sustaining the garnishee’s attack on the judgment1 out of which the garnishment proceedings issued.

The facts are not disputed. The defendant Rutledge negligently drove an automobile owned by the defendant Hawks into a trailer owned by plaintiffs, Montezuma Seminary and Archdiocese of Santa Fe, and as a result of which these plaintiffs sustained damages in amount of $692.41. St. Paul Fire and Marine Insurance Company, the plaintiffs’ insurer, having paid $415.91 for damages to the trailer, joined as a party plaintiff.

The complaint…