Westfield v. Mayor of Toccoa
Supreme Court of Georgia
Bill of exceptions. Service. Practice in Supreme Court. Before Judge Wellborn. Habersham county. At chambers, November 21, 1887. Reported in the decision.
1Opinion 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…
2Cited by4 opinions
- Smith v. McKnight Bros.Court of Appeals of Georgia · 1922
- Advance Lumber Co. v. MorelandSupreme Court of Georgia · 1909
- Anderson v. HumphriesSupreme Court of Georgia · 1913
- Ivey v. McWilliamsSupreme Court of Georgia · 1934