Henry v. Johnson

The opinion of the court was delivered by

Fatzer, J.:

This was a proceeding in garnishment against a liability insurer based upon a judgment against its insured. The action out of which the appeal arises was filed by the appellant, John D. Henry, on September 17,1958, against the defendant, James E. Johnson, for personal injuries and property damage resulting from a collision of their automobiles at the intersection of Pawnee and Ridgewood Streets in the city of Wichita on December 16, 1957.

Summons was served upon the defendant and he failed to answer or otherwise plead. On October 20, 1958,…