Alabama Court of Appeals, 1914

Choctawhatchie H'dwood L. Co. v. Adams

Choctawhatchie H'dwood L. Co. v. Adams
Alabama Court of Appeals · Decided June 11, 1914 · Pelham
10 Ala. App. 613; 65 So. 678; 1914 Ala. App. LEXIS 248

Choctawhatchie H'dwood L. Co. v. Adams

Opinion of the Court

PELHAM, J.

The default judgment rendered against the appellant as defendant in the attachment proceedings was unauthorized, in that the statute in *614such cases made and provided requires the plaintiff to file a complaint. — Code 1907, § 2961. The judgment is shown to have been rendered without a complaint having been filed. This constitutes reversible error. — Penn v. Edwards, 42 Ala. 655. See, also, Haygood v. Tait, 126 Ala. 264, 27 South. 842, and authorities there cited.

Reversed and remanded.

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