Puckett v. Moody

The respondents move the court to dismiss the appeal herein on the ground that there was no proof of the service of the notice of appeal filed with said notice or within the time prescribed by law. Section 4, Laws 1893, p. 121, provides that, within five days after service of the notice of appeal, the appellant shall file *610with, the clerk of the superior court the original or a copy of the notice with proof of the service thereof, and that thereupon the clerk shall enter such notice with proof of service in the journal of the court. It is conceded that there was no proof of service of the…