Page:Federal Reporter, 1st Series, Volume 4.djvu/617

m'oBAOKEN V. OOVINGTON OITT NAT. BASK. 603 �6. JuRisDiCTioN— AcTioKs AOAiçfST NATIONAL Baitks. — Whether an ac- �tion against a national banliing association can be brought only in the federal court within the district, or in a state court within the county or city in wliioh it is located, quœre. �Cadle V. Traey, 11 Blatchf. 101. �Cracker v. Marine Nat. Bank, 101 Mass. 240. �7. Pkacticb— Amendmbnt. — TJnder what circumstances leave to uncnd �will be ref used. �On motion to discharge attachment and demurrer to peti- tion. �E. P. Bradstreet, for plaintiff. �W. H. Mackoy, for defendant. �Swing, D. J. The action in this case •waa origînally brought by the plaintiff in the court of common pleas of Hamilton county, Ohio, and was, upon petition of the defend- ant, removed into this court. �The petition in substance alleges that the plaintiff was lia- ble to the defendant as accommodation indorser for A. M. Leathers; that Leathers went into bankruptcy, and by an agreement with the defendant, upon certain consideration, one year's further time from June 5, 1878, was given plaintiff to pay the same ; that in violation of the agreement the defend- ant, on the eighth day of February, 1879, brought suit in the Benton ehancery court of Kentucky against the plaintiff, on said acceptance, to reoover from him the unpaid balance thereof, viz., $1,939.44, and wantonly and maliciously and wrongfuUy caused an attachment to be issued in said action against the plaintiff, and caused the same to be levied upon the property of the plaintiff lying and being in the city of Covington, in the state of Kentucky, and garnished sundry people who were indebted to the plaintiff, including the ten- ants of the plaintiff's real property in said city. �Plaintiff says that eaid violation of said contract, and said attachment proceedings, have greatly injured his credit and standing as a merchant iu this community and elsewhere, and v?ill still more interfere -with bis business herein before de- scribed, and caused him to be damaged in the sum o' $100,- 000. He therefore prays judgment for $100,000. ����