614 rEDERAIi BEFOBTEB. �of their proportionate ehare of this note, — no snch rîgîit exista at law; that the holder of this paper cannot sue ths parties to this contract at law. �That brings up the question -whether this is an action at law or a bill in chancery. The petition begins : "The said plaintiff, the Parmers' National Bank of Portsmouth, Ohio, states to the court, by way of amended petition, that it is a natibnal banking association^* etc., etc., and goes on and states the facts, and it avers that by reason of these faots the defendant became indebted to the plaintiff, treating it as a paper upon which they could properly sue, and that they had direct legal rights under it and not equitable ; and the con- clusion is a prayer for judgment; and we notice, upon the original petition, that the plaintiff alao took the same view of it, for he says: "Issue summons; civil action for money only; amount claimed, $5,320." �We cannot corne to any other conclusion than this is an action at law, and that an action at law upon this state of facts cannot be sustained. The demurrer will be sustained, and the petition dismissed. ���DwiGHT and another t>. Merritt. �{Circuit Court, S. D. Nffu> York. , 1880.) �L BuMMONS. — In the United States courts a summons must Issue from the court, and be signed by the clerk, and sealed with the seal of the court. Peasïee v. Eaierstro, 16 Blatchf . 472. S. Amendment. — In those courts a summons cannot be amended by the . subsequent addition of the signature of the cler^ and the seal of the court. feaalee v. Ealerttro, supra. �Motion to Set Aside Summons, Thomas J. Rush, for plaintîffs. Stewart L. Woodford, Dist. Att'y, for defendant. Blatchfoed, C. J. In thia case an attempt bas been made to commence a suit at common law, in thia court, by serving ����
