#### L. T. Epps for use of L. C. Braasch, Appellee, v. Illinois Central Railroad Company, Appellant.

(Not to be reported in full.)

Abstract of the Decision.

1. Garnishment, § 100 * —when evidence insufficient to sustain judgment. In garnishment proceedings where the testimony was conflicting as to whether. the garnishee was indebted to the judgment debtor or had the latter in its employ, evidence held insufficient to sustain the judgment.

2. Garnishment, § 45*—when court no jurisdiction of action to garnishee wages earned-outside State. Under Hurd’s Rev. St., 1911, ch. 62, sec. 34a (J. & A. If 5965), a court has no jurisdiction of an action to garnishee' wages earned outside of the State in the absence of personal service of process on the original debtor.

Appeal from the City Court of East St. Louis; the Hon. Robert H. Flannigan, Judge, presiding. Heard in this court at the October term, 1915.

Reversed.

Opinion filed April 17, 1916.

Statement of the Case.

Garnishee proceedings by L. T. Epps for the use of L. C. Braasch, plaintiff, against Illinois Central Railroad Company, defendant. From a judgment for plaintiff, defendant appeals.

Kramer, Kramer & Campbell, W. H. Hebenstreit and R. H. Wiechert, for appellant; John G. Drennan, of counsel.

No appearance for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice McBride

delivered the opinion of the court.