Henderson v. Eaves

IRWIN, Justice:

Appellant, Ruby J. Henderson (plaintiff), obtained a default judgment against Victor H. Eaves (defendant) for the wrongful death of her minor son, Joe Henderson. In that case plaintiff alleged that her son had died as a result of a gun shot wound and that defendant had negligently fired the gun. Thereafter, plaintiff commenced garnishment proceedings against Tri-State Insurance Company (garnishee), defendant’s alleged insurer, to satisfy this judgment. A jury was waived and judgment was rendered for garnishee and plaintiff appealed.

Garnishee had issued a Homeowners Insurance…