Hoffman

This is an appeal from an order denying defendant’s motion to dissolve attachment.

Appellant rests its appeal upon the sole ground that the “complaint is insufficient to constitute a basis for said attachment,” and this for the reason that the complaint contained no prayer for relief when the levy was made under the writ of attachment.

The action is for money, to wit, the sum of $503.11, alleged to have been paid out to and for defendant at its special instance and request, no part of which has been paid and the same is now due and unpaid. The complaint was filed May 26, 1916, and summons- was issued. With the complaint were filed affidavit on attachment and undertaking. On the same day the writ was issued and a certain lot of pipe attached by the sheriff and taken into his possession. The complaint stated a cause of action for attachment as did the affidavit. The writ duly issued and was duly executed and the proceedings were in due form except, as is contended, that the complaint lacked a necessary element to confer jurisdiction on the court, to wit, a prayer for the relief which the plaintiff claims. This contention arises out of the provisions of section 426 of the Code of…