Smith v. Pyrites Mining & Chemical Co.
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Louisa county, pronounced September 22, 1900, in a suit in chancery, wherein the appellant was the complainant, 'and the appellee and others were the defendants.
1Opinion of the CourtBuchanan, J.
One of the grounds upon which the appellees base their motion to dismiss this appeal is that the decree appealed from is a final decree rendered in September, 1900, and that the petition for appeal was not presented until more than one year afterwards. Code, section 3455.
If the decree of September 22, 1900, is a final decree, it is clear that the appeal was improvidently awarded, as the petition for it was not presented until April, 1902. By that decree the court sustained a demurrer to an amended and supplemental bill filed by the appellant, and dismissed it.. As a general rule, refusing to…
2Cases cited10 opinions
- Bird v. StoutWest Virginia Supreme Court · 1894
- Milner v. MilnerNew York Court of Chancery · 1833
- Prouty v. Lake Shore & Michigan Southern RailroadNew York Court of Appeals · 1881
- Hanby's Adm'r v. Henritze's Adm'rSupreme Court of Virginia · 1888
- Barker v. PrizerIndiana Supreme Court · 1897
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3Cited by2 opinions
- Johnson v. MundySupreme Court of Virginia · 1918
- Ellis v. WhitacreSupreme Court of Virginia · 1906