Supreme Court of Alabama, 1852

Bratton v. McGlothlen

Bratton v. McGlothlen
Supreme Court of Alabama · Decided January 15, 1852 · Groldthwaite
20 Ala. 146

Bratton v. McGlothlen

Opinion of the Court

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.

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