
    Elizabeth Ford, Garnishee of William S. Burch vs. Thomas A. Woodward.
    An attachment, taken out without bond or affidavit, is void; and though a gar_ nishee, summoned under such an attachment, has answered, and judgment been rendered against him on his answer, and also against the defendant in the attachment, the judgment is erroneous, and will be set aside.
    In error, from the Hinds circuit court.
    The record stated, “ that an attachment had issued, at the suit of Thomas A. Woodward, against the estate of William S. Burch,” and proceeded to set forth the writ of attachment. No bond and affidavit, as required by the statute, appeared of record. Upon this writ, Elizabeth Ford was summoned to answer as a garnishee of Burch.
    Judgment was had against Burch, for five hundred and fifty-nine dollars.
    Elizabeth Ford answered the garnishee summons, and, upon her answer, judgment was rendered against her for three hundred dollars, and she prosecuted this writ of error.
    The error assigned here is, that the attachment below issued without bond or affidavit.
    
      Work, for plaintiff in error.
    There is no attachment in this case, which is the foundation of the proceedings. Howard & Hutchinson, 548, sec. 11. Same, 549, as to bond and affidavit. The garnishee is a trustee, and is bound to protect “ the rights of all parties to the goods or credits attached, in his hands.” He “ is bound to see that the requisites of the law are complied with.” Oldham v. Ledbet-ter, 1 Howard, 45 - 49. 2 Howard, 652. Berry v. H. and H. O. Anderson, Opinion of this Court, January Term, 1841, Opinion Book, B. p. 49, Elizabeth Ford v. Shelton M. Hurd.
    
    
      Briggs for defendant in error.
   Mr. Justice ThacheR

delivered the opinion of the court.

This is error to the Hinds county circuit court. ■

A summons was issued, and served upon the plaintiff in error, as a garnishee, to answer what she was indebted, &c. to one Burch. She made answer, and judgment was rendered against her in the court below, upon her answer.

It is assigned for error, that the process of garnishment was issued without the statutory attachment, affidavit and bond, and upon an inspection of the .record, neither bond nor affidavit can be found.

The statutes relating to attachment and garnishment, H. H. 549, sec. 13, declare, that “every attachment issued without bond and affidavit, taken and returned,” as therein required, “ is hereby declared illegal and void, and shall be'dismissed.”

The judgment of the court below must be reversed, and this court, proceeding to give the judgment which the court below should have pronounced, decrees that the attachment be dismissed, and the garnishee, the plaintiff in error, discharged.  