
    The Standard Wagon Co. v. Lowry, surviving partner.
    The plaintiff’s debtor being, at the time of the service of the garnishment, in the employment of the garnishee at a fixed rate of compensation per month, which was payable at the end of each month; and the garnishee not being indebted to the debtor at the time-of the service, but being then his creditor for overpayments or advances made to him on general account; and this state of things, by reason of further dealings and advance payments, continuing through several succeeding months, and up to the time the garnishment was answered, at which time there was still a balance in favor of the garnishee, so that he never was at any time after the service of the garnishment indebted to the plaintiff’s debtor in any sum whatever, but during the whole period was his creditor, having paid him in advance for each month’s services before they were rendered, a judgment against the garnishee on these facts was contrary to law, to evidence, and to right. And there being no dispute as to the facts, direction is given that the judgment lie set aside and the garnishee discharged.
    June 30, 1894.
    Garnishment. Before Judge Lumpkin. Pulton superior court. September term, 1898.
    B. P. Abbott, for plaintiff' in error.
    Kontz & Conyers, contra.
    
   Judgment reversed.  