#### W. B. Fuller, for use of Nell E. Jordan, Appellee, v. Bridgeport Wood Finishing Company, Appellant.

Gen. No. 22,565.

(Not to be reported in full.)

Abstract of the Decision.

1. Garnishment, § 93 * —when answer must he taken as true. Where no issue is joined upon an answer in a garnishment action the averment of facts therein stand admitted and must be taken as true.

2. Garnishment—when right of exemption is preserved hy garnishee. The assertion of the right of exemption of a debtor in an answer by the garnishee is sufficient to preserve such right to the debtor.

3. Garnishment, § 35 * —what wages employer is required to answer for. Under section 14 of the Garnishment Act as amended *228in 1901 (J. & A. If 5949), the employer is not required to answer lor the wages earned by a wage earner after the service of the writ.

*227Appeal from the Municipal Court of Chicago; the Hon. John Stele, Judge, presiding. Heard in this court at the October term, 1916.

Reversed and remanded with directions.

Opinion filed January 8, 1917.

Statement of the Case.

Action of garnishment by W. B. Fuller, for the use of Nell E. Jordan, plaintiff, against the Bridgeport Wood Finishing Company, a corporation, defendant. From a judgment against defendant for $560 as garnishee and ordering that $167.10 thereof be recovered for the use of the beneficial plaintiff, defendant appeals.

Elbert C. Ferguson, for appellant.

No appearance for appellee.

*

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

Mr. Justice Holdom

delivered the opinion of the court.

*2284. Exemptions, § 5 * —when wages of nonresident are exempt from garnishment. A nonresident debtor whose wages are earned in a foreign State is entitled to the exemption of the State of his residence.