NORWICH UNION INDEMNITY COMPANY
v.
AETNA CASUALTY & SURETY COMPANY, ASSIGNEE

Fla. | 1936-05-28
Ellis, P. J., and Terrell and Buford, J. J., concur., Whitfield, C. J., and Davis, J.; concur in the opinion and judgment.
127 Fla. 238 Florida Supreme Court (1936) Caution
Also reported at: 168 So. 418
Cited by 27 cases
Opinion of the Court
Per Curiam.

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (12 total)

  • Am. Fire & Cas. Co. v. Collura, 163 So. 2d 784 (Fla. 2d DCA 1964)
    …defend the suit. SA Am.Jur.2d, Automobile Insurance, § 225; 8 Appleman, Insurance Law and Practice, § 4740, p. 65; Annotation, 18 A.L.R.2d 458, § 9. This result is similar to that reached in Norwich Union Indemnity Co. v. Willis, 1936, 124 Fla. 137, 168 So. 418, wherein the Supreme Court held that notice to an agent of the insurance company was sufficient, even though the policy required such notice to be given to the home office. The insurance company next contends that the record here shows that Stephen…
  • Crosby v. Elta Burleson, 142 Fla. 443 (Fla. 1940)
    …207; Einstein’s Sons, etc., v. Davidson, 35 Fla. 342, 17 Sou. 563. This rule applies as well to courts of limited jurisdiction. See Palm Beach Estates v. Croker, 111 Fla. 671, 152 Sou. 416; Norwich Union Indemnity Co. v. Aetna Casualty & Surety Co., 127 Fla. 238, 168 Sou. 418, 34 C. J. 518; Union Bank of Florida v. Parkhill’s Administrators, 2 Fla. 660. In the late case of Everett v. Petteway, 131 Fla. 516, 179 Sou. 666, it was said: “The County Judge of Hillsborough County has jurisdiction of the Estate…
  • Ramos v. Nw. Mut. Ins. Co. & Lawrence J. Williams, 336 So. 2d 71 (Fla. 1976)
    …to release the insurance company of its obligation is ordinarily a question of fact, but under some circumstances, particularly where the facts are admitted, it may well be a question of law. Cf. Norwich Union Indemnity Co. v. Willis, 124 Fla. 137, 168 So. 418 (1936), American Fire and Casualty Co. v. Vliet, supra, and American Fire and Casualty Co. v. Collura, supra. Accordingly, the decision of the District Court is affirmed and the writ is discharged. It is so ordered. OVERTON, C. J., and ENGLAND an…

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