
    ATTACHMENT SERVED UPON A MANAGING AGENT.
    [Circuit Court of Hamilton County.]
    Amy B. Foote v. The Central American Commercial Company.
    Decided, July 26, 1904.
    
      Attachment — Authority of Common Pleas to Discharge on Error to Justice of the Peace — Service by Publication — Managing Agent of Foreign Corporation — Sections 6480, 6733 and 6496.
    1. The jurisdiction of the court? of common pleas is limited, in an attachment suit presented on error to a justice of the peace, to the entering of a judgment of reversal with judgment for costs accrued up to that time.
    2. A plaintiff in an attachment suit, upon a showing that summons can not he served upon the defendant within the county, is entitled to obtain service by publication.
    3. The collection of subscriptions for lands of a foreign corporation does not make the collector a “managing agent” of the corporation upon whom service of summons may be made, notwithstanding he is a director of the company.
    Heard on error to the court of common pleas.
    
      The plaintiff, Amy B. Foote, brought suit against,the defendant company before a justice of the peace. Summons issued for the company was returned, not found. An alias summons was then issued, which was served on Herman Duhme as “managing agent” and was so returned. An attachment and garnishment was also issued, and this was served upon Mr. Duhme as garnishee. The company, claiming that Mr. Duhme was not and never 'had been its “managing agent,’” filed a motion before the magistrate to set the service aside. This motion was overruled, and the attachment and garnishment sustained, and judgment for the amount prayed for was rendered against the defendant company. The company entered its objection to all the proceedings, and took a bill of exceptions.
    It appears that Duhme was a director of the Central American Commercial Company, and that he was a subscriber to the lands, and had collected payments, from other subscribers in his vicinity, reserving his commission therefor, but had transacted no other business for the company. The service of summons was attempted to be made under Section 6480, Revised Statutes, providing for service on foreign corporations generally by serving its “managing agent.”
    
      Theodore Hallam, for plaintiff in error.
    
      Joseph L, Laohn&r, for defendant in error.
   Per Curiam.

Herman Duhme was not the managing agent of the defendant, a foreign corporation, within the meaning of Section 6480, Revised Statutes, upon whom service of summons could be had, and the court’of common pleas properly reversed the judgment of the justice of the peace. There was error, however, in discharging the attachment, as the court was authorized under Section 6733, Revised Statutes, to render only a judgment of reversal and for costs accrued at that time.

The plaintiff below was entitled, upon a showing that summons could not be served upon the defendant within the county, to obtain service by publication. Section 6496, Revised Statutes.

The judgment for reversal and for costs will be affirmed, and in all other respects the judgment will be reversed,  