Cody v. Filley

The record in this case shows, that on the 14th day of October, 1878, the appellant, by his attorneys, filed in the office of the clerk of the district court a notice of appeal. On the 19th of the same month, they file with the clerk what is a copy of this notice (but not marked as such), indorsed: “Service of the within is hereby admitted the 16th day of October, 1878.” This is signed by counsel for appellee, and sufficiently imports a service by copy, in accordance with the provisions of section 339 of the Code.

We cannot consider the affidavits of parties impeaching the record in this…