14. Provisions also exist in many states for the dissolution of an attachment by the defendant's giving bond and security for the j payment of such judgment as the plaintiff may recover. This is, in effect, merely Special Bail. From the time it is given, the cause ceases to be one of attachment, and proceeds as if it had been instituted by sum mons. 2 Bibb, Ky. 221; 7 Ill. 468 ; 3 M'Cord, So. C. 347 ; 19 Ga. 436.
15. An attachment is dissolved by a final judgment for the defendant. 4 Mass. 99 ; 23 Pick. Mass. 465 ; 2 Aik. Vt. 299. It may be dissolved, on motion, on account of defects in the plaintiff's proceedings, apparent on their face ; but not for defects which are not so apparent. 17 Miss. 516. Every such mo tion must precede a plea to the merits. 2 Dev. & B. No. C. 502 ; Harp. So. C. 38, 156 ; 7 Mart. La. 368 ; 4 Jones, No. C. 241; 26 Ala. N. s. 670. The death of the defendant pen dente lite is held in some states to dissolve the attachment. 10 Mete. Mass. 320 ; 4 Serg. & R. Penn. 557 ; 7 Mo. 421 ; 5 Cranch, C.C. 507. And so the civil death of a corporation.
8 Watts & S. Penn. 207; 11 Ala. Bt. s. 472. Not so, however, the bankruptcy of the de fendant. 21 Vt. 599; 23 Me. 60; 14 N. II. 509 ; 10 Mete. Mass. 320; 1 Zabr. N. J. 214; 18 Miss. 348.
16. In those states where under a sum mons property may be attached if the plain tiff so directs, the defendant has no means of defeating the attachment except by defeating the action ; but in some states, where an attachment does not issue except upon stated grounds, provision is made for the defendant's contesting the validity of the alleged grounds; while in other states it is held that he may do so, as a matter of right, without statutory authority. 3 Caines, N. Y. 257; 1 Wend. N. Y. 66 ; 3 id. 424 ; 7 Barb. N. Y. 656 ; 12 id. 265 ; 1 Dail. 165; 1 Yeates, Penn. 277 ; 1 Green, N. J. 131, 250; 3 Harr. N. J. 287; 3 Harr & M'H. Md. 535; 2 Nott & M'C. So. C. 130 : 3 Sneed, Tenn. 536 ; Hard. Ky. 65 ; 6 Blackf. Ind. 232 ; 1 111. App. 25.
17. As by custom of London.
This writ reached the effects of the defendant in the hands of third persons. Its effect is simply to arrest the payment of a debt due the defendant, to him, and to compel its payment to the plaintiff, or else to reach personal property in the hands of a third person. It is' nown in England and in moat of the states of the United States as garnishment, or the garnishee process ; but in some, as the trustee process and factorizing, with the same cha racteristics. As affects the garnishee, it is in reality
a suit by the defendant in the plaintiff's name. 22 Ala. N. s. 831; Hempst. Dist. Ct. 662.
18. Garnishment is an effectual attach ment of the defendant's effects in the gar nishee's hands. 6 Cranch, 187 ; 8 Mass. 436; 14 N. H. 129 ; Bust!. No. C. 3 ; 5 Ala. N. s.514; 21 Miss. 284; 6 Ark. 391 ; 4 McLean, C. C. 535. It is essentiAly a legal remedy; and through it equities cannot be settled between the defendant and the garnishee. 5 Ala. N. s. 442 ; 19 id. 135 ; 13 Vt. 129 ; 15 Ill. 89. The plaintiff, through it, acquires no greater rights against the garnishee than the defend ant has, except in cases of fraud; and he can bold the garnishee only so long as he has, in the attachment suit, a right to enforce his claim against the defendant. 3 Ala. 132; 1 Litt. Ky. 274. No judgment can be rendered against the garnishee until judgment against the defendant shall have been recovered. 3 Ala. N. s. 114; 5 Mart. N. s. La. 307.
19. The basis of a garnishee's liability is either an indebtedness to the defendant, or the possession of personal property of the de fendant capable of being seized and sold under execution. 7 Mass. 438 ; 3 Me. 47. 2 N. H. 93; 9 Vt. 295 ; 11 Ala. N. s. 273. The existence of such indebtedness, or the posses sion of such property, must be shown affirm atively, either by the garnishee's answer or by evidence aliunde. 9 Cush. Mass. 530; 1 Dutch. N. J. 625 ; 2 Iowa, 154 ; 9 lnd. 537 ; 21 Mo. 30. The demand of the defendant against the garnishee, which will justify a judgment in favor of the plaintiff against the garnishee, must be such as would sustain an action of debt, or indebitatus assumpsit. 11 Ala. N. s. 273 ; 19 id. 135 ; 20 id. 334 ; 27 id. 414.
20. A non-resident of the state in which the attachment is obtained cannot be held as garnishee, unless he have in that state pro perty of the defendant's in his hands, or be bound to pay the defendant money, or to de liver him goods, at some particular place in that state. 10 Mass. 343 ; 21 Pick. Mass. 253 ; 3 id. 302 ; 15 id. 445 ; 6 N. II. 497; 6 Vt. 614 ; 4 Abb. Pract. N. Y. 72; 2 Cranch, C. C. 622.