29 S.E.2d 323 | Ga. Ct. App. | 1944
1. The issue formed on a traverse to an answer of a garnishee is whether or not the garnishee was indebted to or had assets of the defendant between the time of the service of the summons of garnishment and the time of the answer by the garnishee. Aiken v. Smith,
2. The fact that the defendant executed notes evidencing his indebtedness to the garnishee and continued to work for the garnishee does not show a scheme or device to defraud the garnishing creditor, where the evidence showed that the indebtedness of the defendant to the garnishee was incurred before the service of the summons of garnishment. Under the evidence, the garnishee never became indebted to the defendant employee for any amount over and above the amount owing by the defendant debtor to the garnishee at or from the time of the service of the summons of garnishment until the filing of the answer by the garnishee. Consequently, the judgment rendered by the judge of the civil court of Fulton County in favor of the garnishing plaintiff against the garnishee *686 was unauthorized, and the appellate division of the civil court of Fulton County did not err in reversing the judgment, and in rendering a final judgment in favor of the garnishee against the garnishing plaintiff.
Judgment affirmed. Felton and Parker, JJ.,concur.