Page:Federal Reporter, 1st Series, Volume 5.djvu/407

 BLAIB V. TUETLE, 395 �tieth ôf May, following, at which time the defendants fiied a plea denying the jurisdiction of the court', the àppearance being special, and for the purpose stated only. On the same day the defendants filed in the state court their petition, affi- davit, and bond for the removal of the cause to this court, where, it is conceded, the cause was properly removed, the plaintiff being a citizen of the state of Nebraska, and the defendants citizens of the state of Illinois. The plea thus iuterposed by the defendants may, at least for ail practical purposes, be regarded and treated as a motion to quash the service of process and retum to the writ. This special plea states, in substance, that at the time the suit was coni- luenced, and when the summons was served upon the defend- ants, they were resident citizens of the state of lUinois, and did not at that time corne voluntarily within the jurisdiction of the said court, nor within the state of Nebraska, but that ihey were brought from the state of Hlinois into the state of Nebraska by force, to answer to an indictment for a felonious offence, said to have been committed in the last-named state; that the indictment was found in said Lancaster county.ànd that the defendants were brought there by force to answer the same, and were actually in jail in said county, in the eustody of the sheriff of the county, to aniswer to the said. indictment, when this suit was brought, and servise of process was made on them; that it was necessary for each of the defendants to be present at the trial of said indictment to testify on behalf of himself and each other ; and that the indictment was found and procured, and the defendants were forced from their own state, and were forcibly brought into this state, by the fraud and procurements of this plaintiff, for the purpose of forcing them within the jurisdiction of eaid court, so that a summons might then be served upon them, which was done accordingly. �On the twenty-sixth of March, 1879, the plaintiff filed in this court a general demurrer to this plea, which wàs finally Bubmitted for determination. �The sole question presented for determination under this demurrer is, are the facts stated in the plea sufficient to war- ����