Page:Federal Reporter, 1st Series, Volume 4.djvu/621

 M'cRACKBN V. COVINGTON OITT NAT. BANK. .607 �cases reported in 9 Ohio Eep. 103, 104, {Tomlinson v. War. fier,) and 8 Ohio State Eep. 548, (Fortman v. Bottser and Webb V. Moler,) the attachments were predicated npon facts independent of and not conneoted with the cause of action stated in the petition, and the truth or falsity of which could be detormined irrespective of the cause of action, so that in both cases the attachments could have been discharged, and stillthe plaintiffs might have been entitledto judgments upon the claims asserted by them. In this case, however, it is not denied that the plaintiff was a non-resident of Kentucky, and if the bank had a cause of action against McCracken, then McCracken, being a non-resident of Kentucky, the bank had the right, under the laws of Kentucky, upon the commence- ment of its action in Kentucky against McCracken, to attach his property in that state. �Whether, therefore, such attachment of McOraeken's prop- erty in Kentucky was wrongful or not cannot be determined until it be determined whether the bank had a cause of action against McCracken. �The plaintiff having failed to allege that the action in Ken- tucky has come to an end, the demurrer of the defendant to the petition must be sustained. This point has already been decided in the case of Stewart v, Sonneborn, 98 U. S. 187, cited and relied upon by counsel for defendant. �There is another question which bas presented itself to the court, in the examination of this caae, which was not argued by counsel in the briefs filed by them, namely, whether the court has jurisdiction over this case. In the cases of Cadle, Jr., V. Tracy, 11 Blatchf. ICI, and of Cracker v. Marine Nat. Bank of N. Y. City, 101 Mass. 240, in which section 57 of the act of June 3, 1864, was eonsti-ued, it was held that a national banking association could be sued only in the federal court within the district in which such association may be established, or in a state court in the county or city in which such association was located. �Whether the law in regard to suits against national banks has been changed by subsequent legislation so that the cases ����