Supreme Court of Colorado, 1972

Mitchell v. American Family Mutual Insurance

Mitchell v. American Family Mutual Insurance
Supreme Court of Colorado · Decided September 5, 1972 · Erickson
179 Colo. 372; 502 P.2d 79; 1972 Colo. LEXIS 759

Mitchell v. American Family Mutual Insurance

Opinion of the Court

MR. JUSTICE ERICKSON

delivered the opinion of the Court.

Judgment was entered against appellant insurance company, as garnishee, for damages found against its insured, and the insurance company appealed. The case which found liability has been reversed and remanded for new trial. Dolan v. Mitchell, 179 Colo. 359, 502 P.2d 72. The garnishee’s *373liability is not established. Hence, the garnishment is vacated and the appeal dismissed.

MR. JUSTICE DAY not participating.

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