Bratton v. McGlothlen

Decided January 15, 1852

Supreme Court of Alabama · decided 1852-01-15

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.

Cited by 2 later decisions — most recently June 1858

2 state decisions

Relies on Edwards v. Wickliffe

Good law ✅— No negative treatment on recordhow we know

Decided 1852-01-15

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GrOLDTHWAITE, J.

¶1Tbe 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.

¶2Tbe disposition of tbe case on tbis ground renders it unnecessary to consider tbe other assignments.

¶3Tbe judgment is reversed, and tbe cause remanded.