Henderson v. Biron

Plaintiff commenced a garnish*505ment action against Stonewall Insurance Company (Stonewall) on April 2, 1980, seeking to recover insurance proceeds to satisfy a default judgment entered against Back Seat Saloon Country Cousin, Inc. The circuit judge ruled as follows:

"This court finds that the garnishee defendant has been materially prejudiced by the delay of the 2-1/2 years following the incident and makes a finding of no liability in favor of garnishee defendant.”

Plaintiff appeals from the order dismissing the garnishment action and we affirm.

In his November 30, 1978, complaint against Back…