Robertson v. State ex rel. Smith

Mitchell,

J.—While concurring in the opinion of the court, to the extent that it holds that an information to try the title to an office can only be tried,—unless by consent,—in the county in which the defendant resides, I do not concur in the view that there was such a want of jurisdiction in the court below, over the person of the defendant, as excuses this court from giving a statement in writing of each question arising in the record, and the decision of the court thereon.. Section 5, Art. 7, Const. The record discloses that the appellant was personally served with summons in Marion…