1 Stew. 9 | Ala. | 1827
delivered the opinion of the Court.
Allen was summoned as garnishee on an attachment issued at the suit of Morgan, and returned to Madison Circuit Court; and in his answer stated that he had given to the defendant his note for $1200, due 25th December, 1824, which was yet outstanding; that he has matters of set off against the note, but does not know to what amount, until a settlement with defendant.
The Circuit Court rendered judgement against Allen for the S1200, “subject to said offsets in his garnishment mentioned.,” and he now assigns as error, that the judgement does not shew any amount due, and that the answer does not contain sufficient certainty to be the foundation of a judgement.
It was contended in the argument that Allen was bound to know the amount due to him from the defendant, and if judgement has been rendered against him for too much,