
    BRATTON vs. McGLOTHLEN.
    1. When the service of an original attachment is only made by the summons of a garnishee, it is erroneous to render judment against the defendant in attachment, until the garnishee has admitted a debt due, or property in his hands, or until a final judgment has been rendered against him for his default.
    ERROR to the Circuit Court of Marshall.
    Tried before the Hon. L. P. Walker.
    
      In tbis case tbe attachment was executed by tbe service of a summons of garnishment by a constable. Tbe record does not show that tbe garnishee ever answered, or that any judgment was entered against him. A judgment by default against tbe defendant in attachment was rendered by tbe court below, to reverse which be prosecutes a writ of error to tbis court.
    Wyeth & Adams, for plaintiff in error.
    No Counsel for tbe defendant.
   GrOLDTHWAITE, J.

Tbe service of tbe attachment in tbis case having been made only by tbe summons of a garnishee, it was erroneous, bad tbe service been regular, to render a judgment against tbe defendant in attachment, until tbe garnishee bad admitted a debt due, or property in bis bands, or until a final judgment bad been entered for his default. 7 Ala. 715; 9 ib. 211.

Tbe disposition of tbe case on tbis ground renders it unnecessary to consider tbe other assignments.

Tbe judgment is reversed, and tbe cause remanded.  