Bratton v. McGlothlen , 20 Ala. 146 ( 1852 )

GrOLDTHWAITE, J.

Tbe service of tbe attachment in tbis case having been made only by tbe summons of a garnishee, it was erroneous, bad tbe service been regular, to render a judgment against tbe defendant in attachment, until tbe garnishee bad admitted a debt due, or property in bis bands, or until a final judgment bad been entered for his default. 7 Ala. 715; 9 ib. 211.

Tbe disposition of tbe case on tbis ground renders it unnecessary to consider tbe other assignments.

Tbe judgment is reversed, and tbe cause remanded.