Page:Federal Reporter, 1st Series, Volume 7.djvu/824

 812 FEDERAL REPORTBB. �erty o^Ah Kow was attached, at Astoria, consisting of five houses and a store in which he was then engagea in business as a Chinese merchant, whereby he was put to great expense and trouble, and his credit as a merchant injured to his damage $214; that on January 7, 1880, Ah Kow died, and the plaintiff herein, as the executer of his last will, was made defendant in said action, in which, on Pebruary 3, 1880, the defendant obtained a judgment against Ah Jim for the sum of $189.65, for costs and disbursements therein, and that execution thereon, against the property of Ah Jim, has been returned wholly unsatisfied ; that in the defonce of said action the plaintiff herein was put to expense, in the employment of interpreters and attorneys, to his damage, $S75; and that said action w£^s malicious and without prob- able cause. The allegatioiis concerning the injury to the credit of the plaintiff 's testator, and the' expense incurred in the employment of attorneys, were on motion of the defend- ants stricken out of the complaint as immaterial. The defendants then pleaded in abatement of the action that an appeal'had been taHen from, the judgment ;of the Olatsop county court against Ah Jim, for costs and disbursements, to the supreme court, which was still pending; which plea, on the motion of the plaintiff, was stricken out as imma- tefial, it not appettring therefromthat any undertaking had been given on such appeal to stay tho proceedings and the judgment. The defendants then answered, denying the alle- gations of the complaint, except as to the judgment for costs; and as to that, that it was for not more than $109.25, and the right of the plaintiff to sue as executor. �The cause was submitted to the court for trial without the intervention of a jury, and it found that the attachment was 8ued out and levied as alleged, and that it was wrongful; that the plaintiff's testator was injured thereby in the sum of $75 ; and also that the plaintiff herein obtained judgment in said action against the defendant herein. Ah Jim, for his costs and disbursements, taxed at $144.25, and $2.46 accru- ing expense on the execution. �The defendants contend that, as the attachment was only ��� �