First Nat. Bank of Russellville v. Welch

This action was commenced by attachment sued out to enforce a landlord’s lien under section 8804 of the Code 1923, and on motion and rule to show cause the attachment was dissolved, though the proceedings were regular on their face, on the ground that the plaintiff’s cause of action was not enforceable by attachment. Birmingham Purchasing Co. v. Colvin, 219 Ala. 662, 123 So. 45; Drakford v. Turk, 75 Ala. 339; Adair v. Stone, 81 Ala. 113, 1 So. 768. That ruling was not brought for review.

At the ensuing term the plaintiff filed a complaint consisting of two counts claiming as for use and…