PARRIES v. LABATO

No. A7704-04640; CA 12656.

604 P.2d 1284 (1980)

44 Or.App. 71

Katie R. PARRIES, Personal Representative of the Estate of Sheri Jean Norton, Deceased, Respondent, v. Andrew Kirk LABATO and Andrew J. Labato, Defendants, v. MUTUAL OF ENUMCLAW INS. CO., Appellant.

Court of Appeals of Oregon.

Decided January 14, 1980.


Attorney(s) appearing for the Case

Alfred T. McGill, Portland, argued the cause for appellant. With him on the brief were McGill, Clarke & Kapranos, and John H. Clough, Portland.

Howard Hedrick, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.


PER CURIAM.

Plaintiff obtained a judgment against defendant Labato in excess of the policy limits of appellant Mutual of Enumclaw Insurance Company, the carrier on the automobile public liability insurance issued to defendants. Defendants appealed, but did not post a supersedeas bond pursuant to ORS 19.040. For that reason, the proceedings were not stayed, and plaintiff proceeded to levy execution by way of garnishment against appellant.

Appellant, by various...

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