ST. PAUL-MERCURY INDEM. CO. v. ELLIOTT

ST. PAUL-MERCURY INDEM. CO. v. ELLIOTT
1936 OK 530
61 P.2d 1091
178 Okla. 100
Case Number: 25549
Decided: 09/22/1936
Supreme Court of Oklahoma

ST. PAUL-MERCURY INDEMNITY CO.
v.
ELLIOTT et al.

Syllabus

¶0 APPEAL AND ERROR - Failure of Judgment in Garnishment Based on Judgment Which Is Reversed.
Where a judgment of the trial court is reversed, a judgment obtained in a garnishment proceeding based thereon must fail.

Appeal from District Court, Canadian County; Lucius Babcock, Judge.

Action by Viola V. Elliott and another against St. Paul-Mercury Indemnity Company. Judgment for plaintiffs, and defendant appeals. Reversed.

Ames, Cochran, Ames & Monnet and Pierce, Follens & Rucker, for plaintiff in error.
W.P. Morrison, A.L. Morrison, and John Morrison, for defendants in error.

GIBSON, J.

¶1 This appeal comes from a judgment of the district court of Canadian county in a garnishment proceeding, and is a companion case to No. 25109, entitled Carrie M. Harris, Plaintiff in Error, v. Viola V. Elliott, Defendant in Error, in this court, and this day decided, 178 Okla. 98, 61 P.2d 1089.

¶2 In said cause No. 25109, Viola V. Elliott obtained a judgment in the trial court against Carrie M. Harris for personal injuries. The plaintiff in that action now garnishes the plaintiff in error here as indemnifier Page 101 of her judgment debtor in said former cause.

¶3 Said former judgment having been this day reversed, the cause here must fail and the judgment be reversed. The judgment of the trial court is therefore reversed.