Pace v. Ficklin's
Supreme Court of Virginia
Motion to dismiss an appeal taken by E. M. Pace, assignee of J. C. Toss, bankrupt, from decree rendered 2d June, 1877, by the judge of circuit court of Danville, in vacation, in suit in ■which. Granville T. Pace, assignee of said bankrupt, was plaintiff, and William A. Lash and others were defendants. Appeal allowed 8th May, 1879; bond given. 9tli June, 1879. Opinion of the court states the facts and points.
1Opinion of the CourtStaples, J.
This is a motion to dismiss an appeal upon the ground that the appeal bond was not given in due time. To sustain this motion the appellees show by the record that the decree appealed from was rendered on the 2d of June, 1877, and that the bond was not given until the 9th of June, 1879. And they rely upon the 17th section of chapter 178, Code of 1873, which provides that the appeal, writ of error, or supersedeas, shall be dismissed whenever it appears that two years have elapsed since the date of the final decree, judgment, or order, before bond is given, as prescribed by the statute.
In answer…
2Cases cited2 opinions
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