providing that a summons must “be directed to the defendant”
How later courts described this case
- providing that a summons must “be directed to the defendant”
- constitution is law absolutely controlling the legislature, executive, and judicial departments and its provisions “take effect on laws already passed as well as to those to be enacted in the future”
- although prospective, constitutional amendment annulled any statute then in force or which might thereafter be passed inconsistent with its provisions
Written by the judges who cited it.
The opinion
McKinstry, J., and Sharpstein, J., concurring.
We concur in the judgment. In our opinion, the act of April 4, 1864, as amended by the act of March 29, 1870, is still in force. The affidavit for mandamus fails to show that the acts above mentioned were complied with.