Boston Insurance Co. v. Rash

Supreme Court of Alabama

Boston Insurance Co. v. Rash

82 So. 2d 181, 263 Ala. 201, 1955 Ala. LEXIS 574

CourtSupreme Court of Alabama

DecidedAugust 18, 1955

Docket4 Div. 831

StatusPublished

Cited by2 cases

This text of 82 So. 2d 181 (Boston Insurance Co. v. Rash) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boston Insurance Co. v. Rash, 82 So. 2d 181, 263 Ala. 201, 1955 Ala. LEXIS 574 (Ala. 1955).

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Opinion

MAYFIELD, Justice.

This is an appeal from a decree of the Circuit Court of Barbour County, in equity. The appellee had previously recovered a judgment at law against James McCain for loss or damages on account of personal injuries sustained by his minor daughter, for which, it was claimed, McCain had in effect as of the date of the injury, a policy of liability insurance covering said damage. The bill of complaint was brought by the judgment creditor against the defendant and his insurer, under the provisions of § 12, Title 28, Code of 1940.

This is a companion case to that of Boston Insurance Co. v. Rash, Ala., 82 So.2d 177. The issues involved are identical; both claims arose out of the same accident. The decision in that case is conclusive of the issues here involved, and we have no course other than to follow that opinion.

Reversed and rendered.

LAWSON, STAKELY, GOODWYN and MERRILL, JJ., concur.

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MAYFIELD, Justice.

This is an appeal from a decree of the Circuit Court of Barbour County, in equity. The appellee had previously recovered a judgment at law against James McCain for loss or damages on account of personal injuries sustained by his minor daughter, for which, it was claimed, McCain had in effect as of the date of the injury, a policy of liability insurance covering said damage. The bill of complaint was brought by the judgment creditor against the defendant and his insurer, under the provisions of § 12, Title 28, Code of 1940.

This is a companion case to that of Boston Insurance Co. v. Rash, Ala., 82 So.2d 177. The issues involved are identical; both claims arose out of the same accident. The decision in that case is conclusive of the issues here involved, and we have no course other than to follow that opinion.

Reversed and rendered.

LAWSON, STAKELY, GOODWYN and MERRILL, JJ., concur.

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82 So. 2d 181, 263 Ala. 201, 1955 Ala. LEXIS 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boston-insurance-co-v-rash-ala-1955.

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