Sheppard v. Powers & Bros.

SAFFOLI), J.

The appeal is from a judgment by default, rendered in favor of the appellees, against the appellant, as garnishee. The garnishment, was in aid of a suit pending between the appellees as plaintiffs, and D. Smith as defendant. The error assigned is, the judgment against the defendant Smith was by default, and the summons was not signed by the clerk. The record shows this to be so. The judgment against the defendant, Smith, is void for want of jurisdiction of his person. Winnemore v. Mathews, 45 Ala. 449. Without a valid judgment against him, in favor of the plaintiffs, the garnishee…