Page:Federal Reporter, 1st Series, Volume 4.djvu/622

 608 FEDERAL REPORTER. �referred to would no longer be applicable, thîs court bas net considered, inasmucb as ît is not necessary to a complete determination of the questions now before the court in tbis case, the ground first stated being sufficient to sustain the demurrer. �Baxteb, 0. J., concurred. ���Upon an application by the plaintiflF for leave to amend hîs petition — �Baxtee, C. J., said : In the argument it was admitted by counsel for plaintiff that the action, the bringing of which is complained of in the petition, bas not been terminated. From the facts admitted, it appears that the plaintiff cannot so amend as to present a cause of action. We regard the action as extremely vindictive in its character. The suit against McCracken in Kentucky was for the sum only of $1,900; it •was not alleged that an excessive amount of property had been attached. The attorney for McCracken had just stated, in answer to a question by the court, that his client was worth $50,000 over and above his indebtedness, and we cannot understand how it was possible, under such circumstances, for the plaintiff, McCracken, to bave sustained damage in a sum twice as great as his entire wealth. We will, tberefore, overrule the motion for leave to amend, and direct a judgment to be entered fQr the defendant. ����