Choctawhatchie H'dwood L. Co. v. Adams, 65 So. 678 (Ala. Ct. App. 1914). · Go Syfert
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Choctawhatchie H'dwood L. Co. v. Adams, 65 So. 678 (Ala. Ct. App. 1914). Cases Citing This Book View Copy Cite
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Choctawhatchie H'dwood L. Co.
v.
Adams
Alabama Court of Appeals.
Jun 11, 1914.
65 So. 678
C. D. Carmichael, for appellant., W. O. Mulkey, for appellee.
Pelham.
Published
PELHAM, J.

The default judgment rendered against the appellant as defendant in the attachment proceedings was unauthorized, in that the statute in[*614] such 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.