
    Yeager et al. v. Self.
    
      Bond to Dissolve Garnishment: . ■ ’ "
    1. 'When judgment cannot he rendered ori 6ond given to dissolve garnishment.• — -When bond is given by a defendant In a Judgment in order to dissolve a garnishment issued against one supposed to be indebted to him, as provided by statute, (Cp.de, §2183) no judgment can be rendered against, the. .principal and sureties on the bond until the liability of the garnishee is first ascertained.
    
      •Appeal from tbe Circuit Court of Bibb. .
    ■■ Tried before tbe Hon. John Moore. .
    W. H. Yeager recovered a judgment in tbe .justice ■court against C. C. Self and tbe cause was appealed to tbe circuit .court.. In tbe circuit court tbe judgment was.for tbe defendant, Self, for costs of suit; On. this •last judgment Self sued out. a garnishment against tbe Tennessee- Opal, Iron & R. .R. Co. as being indebted, to Yeager. - Whereupon Yeager made, bond as provided by "Statute, Code, § 2183, in .order- to dissolve ,the garnishment.' .Judgment was rendered, on this, bond against tbe principal and sureties,, but. tbe liability of tbe, garnishees was not ascertained. Appeal by Yeager ..and the .sureties on bis bond and they assign as, error tbe rendition of judgment against tbe bondsmen before ascertaining tbe liability of the..garnishees.
    Reversed.
    Bethea, Wright & Arnold, for appellants, cited, ■C.&Ums v. -Baldwin, 109 Ala. 402.
    ; No brief for appellee, .came to tbe bands of tbe reporter. • ,
   HARALSON, J.

— Under tbe act of 1890-91, “To dissolve garnishments in cases -where tbe defendant executes bond to plaintiff” (Acts 1890-91, p. 590), it has been several times held by this court, that a judgment cannot be rendered against tbe obligors in tbe bond given under tbe provisions of said act, unless and until tbe garnishee’s liability is ascertained, according to tbe forms provided thérefor by‘ existing' laws.-Collins v. Baldwin, 109 Ala. 402; Guilford v. Reeves, 103 Ala. 301; Skews v. Vancleave, 24 So. Rep. 859, s. c. 119 Ala. 418.

• ;-In this. case, it does not appear that the garnishee ever .made answer to tbe writ; but it does appear, that judgment was rendered, .against tbe obligors in said bond, before and- without ascertainment by tbe court of a monied liability for which tbe court could properly '•render judgment against tbe garnishee, if tbe bond bad not been given. This was an erroneous judgment:

Reversed and remanded.  