Page:Federal Reporter, 1st Series, Volume 5.djvu/516

 504 FSDEBÀli BEPOIiTEB. �The Marj'land statuts, prescribing the practice and pro- ceedings in attachment cases, provides that "there shall be issued with every attachment a writ of summons against the defendant; and a declaration or short note expressing the plaintiff's cause of action shall be filed, and a copy thereof shall be sent with the writ to be set up at the court-house door." �In the present case the affidavit deseribed the plaintifif as "The Third National Bank of Baltimore." The short note or declaration used the saœe words and no others. The bond deseribed the obligors as " The Third National Bank of Bal- timore, a duly incorporated body under the statutes of the United States of America, and Thomas Y. Canby, of the city of Balti- more, in the State of Maryland." �The defendant was returned "summoned,"and has appeared and demurred to the short note or declaration, and a trustee, to whom the defendant executed a deed of trust for creditors after the attachment -was levied, claims the property and moves to quash the attachment. The causes of the demurrer are that the declaration does not set out facts sufficient to show that the federal court has jurisdiction of the case, and also that the plaintifif is not alleged in the declaration to be a corporation. �The claimant of the property attached moves the court to quash the attachment for the reason that the jurisdictional facts and other necessary allegation do not appear, contend- ing that if the declaration is demurrable the attachment is void. �We will first oonsider the alleged defects in the statement of the facts on which the jurisdiction of the federal court de- pends. By section 639, subsection 10, of the U. S. Eevised Statutes, it is provided that the United States circuit courts shall have jurisdiction "of ail suits by or against any banking association established in the district for which the court is held, under any law providing for national banking associa- tions." �The title of the plaintiff, "The National Bank of Baltimore," is not in itself an averment either that the plaintiff is a bank- ����