Barksdale v. Jones

Wade, J.

The burden of sustaining the traverse to the garnishee’s answer, which rested on the plaintiff, was not successfully carried by deductions unauthorized by the facts stated. Where a witness testified that he did work of the aggregate value of $14.45 for another person, who paid him $119, and that this left that person owing him $50.45, without more, the status of the mutual account between the parties as established by this evidence would not authorize a verdict for any amount against the person paying the $119. If there had been evidence of a contract for work, in payment upon which the apparent overplus was applicable, the verdict might be supported.

Judgment reversed.

Roam, J., absent.