
    JONES vs. HOWARD, Guardian.
    [ATTACHMENT — JUDGMENT BY DEE AULT.3
    Appeal from the Circuit Court of Russell.
    Tried before Hon. Robert Dougherty.
    The appellee, as guardian of one Anderson, sued out an attachment against the goods of the appellant. The affidavit for the attachment reads as follows: “ That said Mathew J. Jones is indebted to him, (the appellee,) as said guardian, in the sum of $130, for the hire of negro woman Adaline, for the year 1864, and that said amount is justly due,” &o. The attachment issued in November, 1865, returnable to the next term of Russell circuit court. No complaint, or declaration, was filed in the case, and at May term, 1867, the court rendered a judgment final by default against the defendant for $165.45, without further proof as far as the record shows, than what has been stated.
    Erom this judgment defendant appealed, and assigns the same for error.
    G. D. & G. W. Hooper, for appellant.
   BYRD, J.

The court erred in rendering a judgment by default final, when no complaint had been filed, and upon a claim such as the one set out in the affidavit made as the ground for attachment process. — Code, § 2570 ; Amason v. Nash, 19 Ala. 104; Langdon v. Williams, 22 Ala. 681; Beville v. Reese, 25 Ala. 451; Connoly v. Ala. & Tenn. R. R. Co., 29 Ala. 373.

Reversed and remanded.  