Norwich Union Indemnity Co. v. Aetna Casualty & Surety Co.

Supreme Court of Florida May 28, 1936

Norwich Union Indemnity Co. v. Aetna Casualty & Surety Co., 168 So. 418 (Fla. 1936)

127 Fla. 238; 1936 Fla. LEXIS 1437

Ellis, Terrell, Buford, Whitfield, Davis

Opinion of the Court

Per Curiam.

The judgment rendered against Jahn was

subject to the motion for new trial duly made but not disposed of for more than five years. The assignee of the judgment was not obliged to take a writ of garnishment against a creditor of the judgment debtor until the motion for new trial was disposed of. The right of the assignee of the judgment to a writ of garnishment against the creditor of the judgment debtor existed during the period the judgment was effective and the garnishee could not collaterally attack the judgment not shown to be void.

Rehearing denied.

Ellis, P. J., and Terrell and Buford, J. J., concur. Whitfield, C. J., and Davis, J.; concur in the opinion and judgment.

Reference

Full Case Name: Norwich Union Indemnity Company v. Aetna Casualty Surety Company, Assignee. on Rehearing (See 124 Fla. 137 ).
Cited By: 15 cases
Status: Published