Wt Harvey Lumber Company v. Jm Wells Lumber Company, Inc.

Townsend, Presiding Judge.

1. On the trial of a traverse to the answer of not indebted in a garnishment, the general rule is that if the garnishee is not indebted to the defendant in fi. fa. in such manner that the latter could sue and obtain a judgment against it, then the garnishing plaintiff, who is in no better position than the defendant as to the garnishee, is not entitled to recover. Adair Levert, Inc. v. Atlanta Envelope Co., 70 Ga. App. 685 (29 SE2d 323). An exception may exist where for some reason personal to himself the debtor is estopped from recovering what would otherwise be a…