Parries v. Labato

Plaintiff obtained a judgment against defendant Labato in excess of the policy limits of appellant Mutual of Enumclaw Insurance Company, the carrier on the automobile public liability insurance issued to defendants. Defendants appealed, but did not post a supersedeas bond pursuant to ORS 19.040. For that reason, the proceedings were not stayed, and plaintiff proceeded to levy execution by way of garnishment against appellant.

Appellant, by various devices, attempted to avoid payment of the full amount of the insurance coverage. The trial court, after hearing, entered judgment against the…