Westfield v. Mayor of Toccoa
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.
Opinion
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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6 S.E. 471, 80 Ga. 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westfield-v-mayor-of-toccoa-ga-1888.