Grange Mutual Casualty Company v. William T. Stroud

SHANNON, Judge. The plaintiff obtained a judgment against the defendant who appealed without superseding the judgment. While the appeal was pending the plaintiff filed a writ of garnishment against the defendant's insurer. The insurer filed an answer admitting liability to the defendant by virtue of an insurance policy, and also moved to quash the writ of garnishment on the grounds that it was premature because the appeal of the original judgment was still pending. The lower court granted a summary judgment in favor of the plaintiff in the garnishment proceedings and the insurer has appealed the garnishment judgment. Thus, at this time there are two appeals pending, one from the original judgment and one from the garnishment proceedings. The plaintiff-appellee has now moved to quash the appeal from the garnishment proceedings on the ground that it is frivolous and taken only for purposes of delay.