Lamb v. Allstate Insurance Co.

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 of the garnishee is whether or not the garnishee was indebted to or had assets of the defendant in its possession between the time of service of the…