Supreme Court of Georgia, 1888

Westfield v. Mayor of Toccoa

Supreme Court of Georgia · Decided May 7, 1888 · Blandford

80 Ga. 735; 6 S.E. 471

Cases that cite this one

4 later published cases cite this decision.

Ivey v. McWilliams (Ga. 1934)
Smith v. McKnight Bros. (Ga. Ct. App. 1922)
Anderson v. Humphries (Ga. 1913)
Advance Lumber Co. v. Moreland (Ga. 1909)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Blandford, Justice.

In this case, it does not appear that the bill of exceptions was served upon the opposite party, except by a mere statement in writing by counsel for the plaintiff in error, endorsed on the bill of exceptions, as follows : “ 1 have this day served Ed. Schaefer, mayor of Toccoa City.” *736There is no affidavit that the bill of exceptions was served. There was no appearance here for the defendant. It has been repeatedly ruled by this court that a mere statement of this character is not sufficient to show service ; so we are constrained to dismiss the writ of error.

Writ of error dismissed;

Case-law data current through December 31, 2025. Source: CourtListener bulk data.