Westfield v. Mayor of Toccoa

6 S.E. 471, 80 Ga. 735
CourtSupreme Court of Georgia
DecidedMay 7, 1888
StatusPublished
Cited by4 cases

This text of 6 S.E. 471 (Westfield v. Mayor of Toccoa) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Westfield v. Mayor of Toccoa, 6 S.E. 471, 80 Ga. 735 (Ga. 1888).

Opinion

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.” [736]*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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Ivey v. McWilliams
174 S.E. 354 (Supreme Court of Georgia, 1934)
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113 S.E. 48 (Court of Appeals of Georgia, 1922)
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Cite This Page — Counsel Stack

Bluebook (online)
6 S.E. 471, 80 Ga. 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westfield-v-mayor-of-toccoa-ga-1888.