This section contains the nature of the case and procedural background.

A writ of attachment was served upon D, a resident of the Shoshonee reservation, by the sheriff of Oneida County. D appeared specially by counsel and moved the court to dismiss the action on the grounds that the service made was outside the bailiwick of the sheriff and without jurisdiction of the court. The motion was overruled by the Supreme Court of the Territory and preceded to trial wherein an eventual final verdict of $2,500 was reached. That judgment was affirmed on appeal, and the Supreme Court heard the case.

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