
    Young H. Gresham, plaintiff in error, vs. Gustavus DeLaunay, defendant in error.
    Garnishment could not issue on the 24th of March, 1866, upon affidavit made before a justice of the Inferior Court, the 2d clause of section 281 oi the Code having been repealed by an Act approved March 17th, 1866.
    Garnishment. In Stewart Superior Court. Decided by-Judge Clarke. April Term, 1866.
    At the instance of DeLaunay, as plaintiff in judgment, a summons of garnishment issued to, and was served upon ' Gresham, returnable to Stewart Superior Court. The affidavit which was the basis of the garnishment, was sworn to and subscribed on the 24th of March, 1866, before a justice of the Inferior Court.
    The garnishee answered; and upon his answer, the Court passed an order requiring him to deliver up to the sheriff certain cotton described in the answer. The passage of this order is the error assigned in the bill of exceptions.
   Harris, J.

Those clauses of the civil Code, sect. 287, which authorized the issuing of garnishments, etc., upon affidavit made before a justice of the Inferior Court, having been repealed by the Act of 17th March, 1866, it follows, as a matter of course, that the garnishment proceeding begun by affidavit made before a justice of. the Inferior Court, on the 24th day of March, 1866, ¿was without the authority of then existing law. All subsequent proceedings growing out of such affidavit are, therefore, irregular, and should be set aside.

Judgment reversed.  