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CROMWELL v. HOSBROOK

No. 10174.

134 N.W.2d 777 (1965)

Lawrence CROMWELL and Jack Zornes, Plaintiffs, v. Wayne HOSBROOK and Richard Berg, Defendants and Appellants, and Allied Mutual Insurance Company, a Corporation, Garnishee and Respondent.

Supreme Court of South Dakota.

May 3, 1965.

Attorney(s) appearing for the Case

Charles Lacey, Sioux Falls, for defendants and appellants.

Woods, Fuller, Shultz & Smith, and Arlo D. Sommervold, Sioux Falls, for plaintiffs.

Davenport, Evans, Hurwitz & Smith, and Robert C. Heege, Sioux Falls, for garnishee and respondent.

HOMEYER, Judge.

Plaintiffs, Cromwell and Zornes, recovered judgment against the defendants, Hosbrook and Berg, for property damages resulting from their negligence. After judgment they invoked garnishment proceedings to collect from the garnishee defendant, Allied Mutual Insurance Company, under a policy of insurance it had issued to Hosbrook. The garnishee defendant denied liability and issue was taken thereon. A jury...

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