Page:Federal Reporter, 1st Series, Volume 3.djvu/290

 will therefore he issued as prayed for. If in this we have committed an error, the error can be easily corrected by appeal. We have given to the parties the benefit of our best convictions, and these it is our duty to follow until the court of last resort, whose decrees are final, shall decide otherwise.

v.

(Circuit Court, S. D. Ohio.May, 1880.)

Upon demurrer to plea in abatement. The defendant was indicted for presenting a false claim against the government. To the indictment he filed a plea in abatement, setting forth the following grounds why it should be quashed: (1.) The venire for the grand jurors was issued from the circuit court, whereas the application for the same was addressed to the judge of another court having jurisdiction thereof. (2.) The order of the circuit court directing the venire to issue recites that such order was made upon the application of the district attorney, when in truth no such application was made to said circuit court. (3.) The box from which the names of said grand jurors were drawn did not contain, at the time of said