Boswell v. Slade

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 attach•ment should not be dismissed or dissolved if the complaint is filed at any time before judgment. Perkerson v. Snodgrass, 85 Ala. 137, 4 South. 752; Decatur & Nashville Co. v. Crass, 97 Ala. 524, 12 South. 41. This provision has been reproduced without material change in succeeding Codes, and we must assume…