Ohio Cas. Ins. Co. v. Gantt

FOSTER, Justice.

The question on this appeal is whether or not a judgment will support an equity suit by the plaintiff against defendant’s liability insurance carrier when the judgment was rendered in the trial court for a fixed sum against the insured in the policy, but an appeal had been taken without supersedeas when this suit in equity was filed by plaintiff in the judgment under authority of section 12, Title 28, Code.

That statute makes a statutory hypothecation of the claim of the defendant against his insurer to protect him against liability to the extent of the coverage. George v.…