Page:Federal Reporter, 1st Series, Volume 4.djvu/616

603 fEDEBAL BEPOSTEB. ���McCeACKEN V. COVINGTON CiTT Nat. Bank OV CoTINa- �TON, Ky.* �{Circuit Court, S. D. Ohio. December 3, 1880.) �1. Attachment— Ohio Rey. St. i 6521— "Debt ob Demand Arisin» �TJPON CoNTKACT." — Section 5521 of the Ohio Revised Statutes, pre- scribing the cases in which an attachment may issue, provides that " an attachment shall not be granted on the ground that the de- fendant is a foreign corporation, or a non-resident of this state, for any claim other than a debt or demand arising upon contract, judg- ment, or decree, or for causing death by a negligent or wrongful act." Eeld, that an action against a foreign corporation to recover damages for instituting suit in violation of a contract for the exten- sion of the time of payment upon a note, and wantonly and mali- ciously attaching plaintifs property therein, whereby plaintifl'a credit was greatly injured, was not an action for " a debt or demand arising upon contract," within the meaning of said statute, and that an attachment could not issue therein. �2. Same — National, Bankiko Absociatiotts — TJ. 8. Rev. Bt. { 5242. — �Whether section 5242, U. S. Rev. St., providing that no attachment shall be issued against a national banking association by a state court before final judgment is general, and applies to ail national banlcing associations, quœre. �Geniral Nat. Bank v. Riehland HTat. Bank of Mansfidd, 52 How. Pr. (N. y.) 136. �3. Pleadiko — Wbongful PROSBcuTioif OF CiviIj Action— Malicb.—Id �an action to recover damages for the wrongfu] bringing of a civil action, the petition must allege that such action was brought mali- ciously. Stewart v. Sonneborn, 98 TJ. S. 187. �4. Samb — MAiiicious Prosbcution op Civn, Action — Tetikotation of �Action. — The petition in such action must also allege that the action, the bringing of which is complained of , has been terminated. 8tewa/rt v. Sonneeorn, 98 TJ. S. 187. �5. Baihe — BAME—SAîrE— Attachment.— And this rule is not changed by �the fact that the petition alleges, as the cause of action, the malicioua issuing of an attachment, if the action in which it is issued and tha attachment proceedings rest upon the same grounds, and must be de- termined together. �♦Reported by Messrs. Florien Glauque and J. 0. Harper, of the Cincin- nati bar. ����