43 So. 208 | Ala. | 1907
This suit was commenced by an attachment in the justice court, and the record shows that the plaintiff lodged with the justice a complaint.
When this case was here before (Merchants’ Bank v. Troy Grocery Co., 144 Ala. 605, 39 South. 476), it appears to have been upon the refusal of the trial court to dissolve the attachment. It AAras then held that in so much as the attachment was issued before final judgment, its issuance Avas violative of the federal statute and authorities, and Avas void; that- inasmuch as it was violative of the federal statute, and AToid, the state court had no jurisdiction and that jurisdiction could not he conferred by anpearanoe of the defendant Avhether general o.r special, and to this proposition we strictly adhere. We do not understand the court to hold, however, that the plaintiff could not maintain a suit on the complaint, or that the defendant could not confer jurisdiction by appearing and pleading to the complaint. Jurisdiction cf attachment and of a suit upon a complaint is quite distinct; but inasmuch as the attachment was dissolved and dismissed, -the defendant having ansAvered the complaint and submitted to the jurisdiction of the court in that respect, which it had the
There ivas no error in refusing the defendant’s motion to dismiss the case, and, as the plaintiff’s replication was a good answer to defendant’s plea to the jurisdiction, and was proven, the trial court, did not err in rendering judgment nil dicit for plaintiff, defendant having declined to plead further. The other assignment of error is not insisted upon in appellant’s brief. The judgment of the circuit court is affirmed.
Affirmed.