
    CONSTITUTIONAL COURT, CHARLESTON,
    MAY, 1806.
    Exparte William Alston.
    Where an attachment was not served personally on the party garnishee, pursuant to the attachment act, it was held, that he was not subject to a judgment by default, and where property is taken, notice must be fixed up at the prison door, &c.
    Motion to set aside a judgment obtained against William Alston, as garnishee of Charles Pinckney, an absent debtor, on the ground that a copy of the writ of attachment had not been personally served on the said Alston, but was only left at his house in Charleston, at a time when he resided at another place near Georgetown; and that he had not been legally summoned or notified, and therefore, was not subject to a judgment for default.
    Peingle, for the motion; J. Ward, against it.
   ^RIMKE> J.,

declared the resolution of the whole court. The attachment was not served pursuant to the attachment act, which requires a personal service on the party garnishee. In case proPerty ke ta^en> an(l no person be present to claim the same, then a copy must be fixed up at the prison door, &c. The judgment in this case appears to have gone against the party without giving him legal notice, and ought to be set aside as unjust, as well as irregular.

Motion granted.  