HOPKINS v. MARTINEZ

No. 7291.

387 P.2d 852 (1963)

73 N.M. 275

Vernon E. HOPKINS, Individually and Next Friend of Elizabeth Hopkins, a minor, Plaintiff-Appellant, v. Joe MARTINEZ, Defendant-Appellee, State Farm Mutual Automobile Insurance Company, Garnishee-Appellee.

Supreme Court of New Mexico.

Rehearing Denied January 13, 1964.


Attorney(s) appearing for the Case

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, for appellant.

Iden & Johnson, Richard G. Cooper, Albuquerque, for appellee.


NOBLE, Justice.

Following a judgment against Joe Martinez for damages arising from an intersection accident, State Farm Mutual Automobile Insurance Company (hereafter referred to as Insurance Company), was made a garnishee-defendant upon the contention that Martinez was an insured under the omnibus clause of the public liability policy issued to Joseph Tully on another automobile owned by him. This appeal is from a judgment dismissing the writ of garnishment.

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