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HENRY v. JOHNSON

No. 43,207

191 Kan. 369 (1963)

381 P.2d 538

JOHN D. HENRY, Appellant, v. JAMES E. JOHNSON, Defendant, and ALLSTATE INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1963.

Attorney(s) appearing for the Case

Sidney L. Foulston, Jr., of Wichita, argued the cause, and Enos E. Hook and John H. Gerety, of Wichita, were with him on the briefs for appellant.

Philip Kassebaum, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, John E. Rees, Robert T. Cornwell, Willard B. Thompson and David W. Buxton, all of Wichita, were with him on the briefs for appellee.

Hugo T. Wedell and Homer V. Gooing, of counsel.

The opinion of the court was delivered by

FATZER, J.:

This was a proceeding in garnishment against a liability insurer based upon a judgment against its insured. The action out of which the appeal arises was filed by the appellant, John D. Henry, on September 17, 1958, against the defendant, James E. Johnson, for personal injuries and property damage resulting from a collision of their automobiles at the intersection of Pawnee and Ridgewood Streets in the...

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