¶1ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS.
¶2United States v. Barloio, 132 U. S. 271, affirmed and applied to the point that when there is evidence tending to establish the issues on the plaintiff’s part; it is error to take the case from the jury.
¶3The case is stated in the opinion.
¶4Mr. Assistant Attorney General Maury for plaintiff in error submitted on his brief.
¶5No appearance for defendant in error.
¶7This was an action brought under sections 3961 and 4057 of the Revised Statutes. There was evidence tending to establish the issues on plaintiff’s part, within the rule laid down in United States v. Barlow, 132 U. S. 271. The court took the case away from the jury and in that committed error.
¶8The judgment is reversed, o/rtd the cause remanded with a direction to award a new trial.