Harris v. McDaniel

The trial court overruled the defendant’s demurrer to the plaintiff’s declaration. The demurrer stated that the petition did not show the jurisdiction of the court over the person of the defendant. Article VI, section XIV, paragraph VI of the Constitution of 1945 (Code, Ann., § 2-4906) provides in part: “All other civil cases shall be tried in the county where the 'defendant resides.” There is no provision in the Constitution for any exception to this rule in attachment cases. “A declaration in attachment, like any other petition, must show the jurisdiction of the court.” Smith v.…