Page:Federal Reporter, 1st Series, Volume 5.djvu/409

BLAIB ». TtIBTLB. 897 �caster county, in this state, for the crime of kidnaping, and' the goYernor of the state had.made his requisition on the governor of Illinois, under the extradition laws, for the sur- render ôf the defendants, who vreie alleged to be fugitives from justice. The governor of Illinois honored the requisi- tion, the defendants were arrested on his warrant, and were afterwards brought back to this state in custody of an officer, and were placed in jail to await trial on the said indietment. The defendants were here by compulsion — they were here because they could not avoid it; they were seized in Illinois on criminal process to answer in said court for the crime said to bave been committed in this state, where they were brought and compelled by force to remain for trial. We see, then, that the defendants were forced within the jurisdiction of the court where the suit was brought to answer to an indietment which had been procured against them mainly by the efforts of the plaintifif for the purpose of forc^^g their attendance at court, so that the summons issued in this case might be served on them, thus subjecting them to the jurisdiction of the court, when it could have been a,cquired in no otber way. Such a proceediijg ought not to. be s'anctioned by any court. No authority bas been cited where such proceedings have been upheld by any of the courts in thig country for mahy years past. Eeason, fair dealing, and coinmon honesty ail unite in overturning such a practicp. And, were it otherwise, it is believed that the principle involved is too well settled by many well-coilsidered adjudicated cases to be seriously ques- tioned at this late day. �See Lagrare't Case, 14 Abbott's Pr. E. 336, 344; Raustead V. Otis, 52 111. 30; Williams v. Ileed, 29 N. J. Law Eep. 385; Dugan v. Miller, 37 N. J. Law Eep. 182; Iwnean Bank V. McSpeelan, 5 Biss. 64 ; Steiger v. Bonn, 4 Ped. Eep. 17. �The cases here referred to are abundant authority for the disposition to be made of this plea. They sanction this doc- trine and establish the correctness of this proposition, namely : That where a plaintiff in suit brings by force a defendant within the jurisdiction of a court, or induces him by deceit- fol 01 fraudulent practices to corne within the jurisdiction. ����