
    John C. Holmes v. Edward Herndon.
    Practice : garnishee : judgment against. — If tlie answer of a garnishee to the writ of garnishment, be stricken out as insufficient, it will be error to enter final judgment against him. Judgment nisi should be entered, as if no answer had been filed.
    In error from the Circuit Court of Kemper county. Hon. John Watts, judge.
    The defendant in error, having recovered a judgment against one Pierce, procured the plaintiff in error to be summoned as a garnishee. The answer of the plaintiff in error to the summons was, on motion of Herndon, stricken out, and a judgment final was rendered against Holmes, for the full amount of the judgment against Pierce, and costs. From this judgment this writ of error is prosecuted.
    
      Jarnagin and Rives, for plaintiff in error.
    No counsel appeared for defendant in error.
   Per Curiam.

— The court rejected the answer of the garnishee, and rendered a final judgment against him for the amount of the judgment. This was error; the court, on striking out the answer, could only render such’judgment as could be rendered if no answer had been filed.

Judgment reversed; cause remanded.  