
    Maddox vs. Heard et al.
    
    The condition prescribed by the 8533d section of the Code in the bond of plaintiff in garnishment proceedings at common law after judgment, is “to pay said defendant all costs and damages that he may sustain in consequence of suing out said garnishment in the event it should appear that the amount sworn to be due on such judgment was not due.” The condition of the bond given in this case is as follows: “Now,if there is no such judgment as aforesaid, this bond is to be good and valid against the said J. Maddox and his security, in favor of the said Lewis Morrison, the defendant in said judgment; otherwise to be of no force and effect.”
    
      jHeld, that the variance is fatal, and the garnishment was properly dismissed at plaintiff’s cost.
   Jackson, Justice.  