Equitable Life Assurance Society of the United States v. Cole

The original notice of the commencement of this action was served upon appellees, the makers of the note, at 9:30 on the morning of September 24, 1930. The petition was filed on the same day but at a later hour. The petition was ac companied by the affidavit required by Section 11646 of the Code of 1931 to be filed, which, so far as material, is as follows:

“The attorney’s fee allowed in sections 11644 and 11645 shall not be taxed in any case unless it shall appear by affidavit of the attorney, filed with the petition at the commencement of the action, * *

The affidavit in form and substance…