
    W. A. Lockhart v. O. P. Bowles.
    (No. 509, Op. Book No. 1, p. 651.)
    Appeal from Bexar County.
    June 15, 1878.
   Opinion by

Ector, P. J.

§ 844. Judgment by default; garnishment. It is error to render judgment by default when a plea is on file, even if the plea is defective. An insufficient or defective answer should be excepted to so that proper amendment may be made. If not excepted to, the irregularity -will be deemed waived. The failure to call the garnishee before rendering judgment by default vitiates the judgment. [Culbertson v. Ellison, 20 Tex. 102.]

Beversed and remanded.  