Pinson v. Robertson

“The issue presented”, says the majority opinion, “is whether Robertson is eligible to hold the office (county judge of Wagoner county) by reason of nonregistration and nonresidence in Wagoner county”.

But the issue presented is not decided. That which is decided is in error. It is that the action, in the nature quo war-ranto, was not commenced in time.

The action was commenced one day after plaintiff in error, Pinson, by judgment of court, was ousted from the office and Robertson was “inducted into office". It is quite obvious that these proceedings could not have been expedited with more…