Francis v. Scheper

In the principal suit, plaintiff Francis obtained judgment against all 3 defendants for personal injuries arising out of an automobile accident, *443which injuries were received by reason of the negligence of, or attributable to, the defendants. On the trial of the statutory issue in garnishment, now under consideration on appeal, plaintiff obtained a judgment against the garnishee defendant, the insurer of Howard Houck, one of the principal defendants. Garnishee defendant, the Shelby Mutual Casualty Company, appeals.

In the principal suit, the court charged the jury that plaintiff could not…