Boswell v. Slade

• Decision Date: 20 April 1922
• Docket Number: 4 Div. 988.
• Citation: Boswell v. Slade, 207 Ala. 340, 92 So. 607 (Ala. 1922)
• Parties: BOSWELL v. SLADE.
• Court: Alabama Supreme Court

92 So. 607

207 Ala. 340

BOSWELL v. SLADE.

4 Div. 988.

Supreme Court of Alabama

April 20, 1922

Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge.

Action by W. T. Slade, doing business as the Slade Auto Company against E. C. Boswell.Judgment for plaintiff, and defendant appeals.Transferred from Court of Appeals under Acts 1911p. 449, § 6. Affirmed.

Boswell & Ward, of Geneva, for appellant.

H Grady Tiller, of Geneva, for appellee.

ANDERSON C.J.

While section 2961 of the Code of 1907, among other things provides that the plaintiff"must within the first three days of the return term of the attachment file his complaint," it has been held by the previous decisions of this court that this provision is directory, and that the attachment should not be dismissed or dissolved if the complaint is filed at any time before judgment.Perkerson v. Snodgrass,85 Ala. 137, 4 So. 752;Decatur & Nashville Co. v. Crass,97 Ala. 524, 12 So. 41.This provision has been reproduced without material change in succeeding Codes, and we must assume that it was readopted as construed in the casessupra.Hence the trial court did not err in overruling the defendant's motion to dismiss the attachment.

It is sufficient to say as to appellant's assignment of error No. 2 that there is nothing in the record to show that the motion to taxthe plaintiff with the cost was brought to the attention of the trial court, or that a ruling was made upon same.

The judgment of the...