Carry

delivered the opinion of the Court. This was an action brought by Johnson, the plaintiff, in the Court below, against B. Champlain and H. Brooks, upon a promissory note executed by them, made payable to one Williams, and by him assigned to the plaintiff. On the 12th of April, 1851, the plaintiff sued out an attachment against the defendant’s property under the statute of California, then in force; and served a copy of the affidavit and writ of attachment upon the firm of Carry & Co., as garnishees and debtors of the defendants. On the 21st of June, 1851, the garnishees were served with notice to appear on the 23d of June, before the District Court, and answer interrogatories. On the final hearing of the case, a judgment - was rendered in favour of the plaintiff against the garnishees for the sum of $276 88. From this judgment the garnishees appealed.

*36 ■ The first error assigned is, that that Court permitted testimony to be introduced of indebtedness from Carry & Co., to Champlain and Brook, on the 12th of April, 1851: and that no evidence of indebtedness prior to the 21st of June, (the date of the notice to appear and answer interrogatories,) was admissible. This objection is…