BENNETT v. SWIFT & CO.

No. 35931.

170 Ohio St. 168 (1959)

BENNETT, APPELLEE, v. SWIFT & CO. ET AL.; NATIONWIDE MUTUAL INS. CO., APPELLANT.

Supreme Court of Ohio.

Decided December 16, 1959.


Attorney(s) appearing for the Case

Messrs. Wiles, Doucher, Tressler & Koons, for appellee.

Messrs. Dresbach, Crabbe, Newlon, Collopy & Bilger, for appellant.


PECK, J.

Section 3929.06, Revised Code, provides that a plaintiff who has recovered a final judgment for loss or damage on account of bodily injury may proceed directly against the defendant's insurer if the judgment remains unsatisfied for a period of 30 days, and that this remedy may be sought in the action in which the judgment was obtained. Under that authority the plaintiff filed his supplemental petition against the insurer of the defaulting defendant, Mathews...

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