3 Ala. 312 | Ala. | 1842
We have no hesitation in reversing the judgment, and should render it here against the garnishee, for the proper sum if the judgment against the defendant, in execution, was shewn.
As the record does not set out this judgment, the cause must be remanded for further proceedings.
We remark that the writ of error is irregular in joining the defendant in execution, with the garnishee, but as no action is requested, we presume, conformably to our recent course of practice, that the defect is waived.