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

168 So. 418, 127 Fla. 238, 1936 Fla. LEXIS 1437
CourtSupreme Court of Florida
DecidedMay 28, 1936
StatusPublished
Cited by15 cases

This text of 168 So. 418 (Norwich Union Indemnity Co. v. Aetna Casualty & Surety Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norwich Union Indemnity Co. v. Aetna Casualty & Surety Co., 168 So. 418, 127 Fla. 238, 1936 Fla. LEXIS 1437 (Fla. 1936).

Opinion

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.

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Bluebook (online)
168 So. 418, 127 Fla. 238, 1936 Fla. LEXIS 1437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norwich-union-indemnity-co-v-aetna-casualty-surety-co-fla-1936.