4 Indian Terr. 688 | Ct. App. Ind. Terr. | 1903
Appellants file the following specifications of error: “(1) The court erred in sustaining demurrer to defendant's plea to the jurisdiction of the nisi pritis court, to which action of the court they duly saved their exceptions. (2) The court erred in sustaining demurrer to defendant’s answer to which action of the court they duly saved their exception. (3) The court erred in rendering judgment against the defendants for the amount of the bond, to which action of the court the defendants duly saved their exceptions. (4) The court erred in overruling defendants’ motion for a new trial, to which action of the court in overruling their motion for a new trial they duly excepted.”
As to the first specification of error: “The court erred in sustaining demurrer to defendants’ plea to the jurisdiction of the nisri prius court, to which action of the court they duly saved their exceptions.” We have examined the contention and argument of the appellant, and do not concede its merits. This court has held in Williams vs United States, 4 Ind. Ter. Rep. (69 S. W. 851), as follows: “But under.Act March 1, 1895, c. 145, 28 Stat. 696, we are of opinion that Congress intended to put in force and did put in force, chapters 45 and 46, of the Laws of Arkansas, contained in Mansf. Dig. (Ind. Ter. St. 1899, cc. 19, 20), entitled, respectively, ‘Criminal Law’ and ‘Criminal Procedure, ’and, except where the punishment is
The third and fourth specifications of error depend wholly upon a consideration of the second specification of error, which
It is our opinion that this case should be remanded, the demurrer to defendants' answer overruled, and the case proceed to trial upon the facts in issue; and if, in fact, there was no such bond as that described in the scire facias, certainly there ought not to be judgment against defendants thereon. Reversed and remanded.