LAMB v. ALLSTATE INSURANCE CO.

38655.

103 Ga. App. 107 (1961)

118 S.E.2d 740

LAMB v. ALLSTATE INSURANCE COMPANY.

Court of Appeals of Georgia.

Rehearing Denied February 1, 1961.


Attorney(s) appearing for the Case

Franklin B. Anderson, for plaintiff in error.

Claude Ross, Edwin Ross, contra.


TOWNSEND, Presiding Judge.

1. Where, in a garnishment proceeding, the plaintiff in execution files a traverse to the garnishee's answer of not indebted, the burden of proof is upon such plaintiff to prove that the garnishee is indebted to the defendant in execution. Rainey v. Eatonton Co-operative Creamery, 69 Ga.App. 547 (4) (26 S.E.2d 297); Rockmart Bank v. Nix, 14 Ga.App. 238 (80 S. E. 673).

2. The issue formed on a traverse to the answer...

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