Supreme Court of Georgia, 1888

Westfield v. Mayor of Toccoa

Westfield v. Mayor of Toccoa
Supreme Court of Georgia · Decided May 7, 1888 · Blandford
80 Ga. 735; 6 S.E. 471

Westfield v. Mayor of Toccoa

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;

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