Smith v. Jeffries

This was a suit by Jeffries against the appellants for wrongfully, willfully and maliciously refusing, as election officers, to receive the ballot of plaintiff at the last presidential election. The action was begun in Whitley county and removed to Noble by change of venue. After an appearance in the latter court, and submitting to a rule to answer, and the publication of depositions, the defendants moved to dismiss the case because the certified transcript from Whitley county did not contain a copy of the complaint. The transcript contained nothing but the proceedings had in open court in…