Northern Neck Mutual Fire Ass'n v. Turlington

[1] When this case was called for argument here, tbe defendants in error, hereafter called tbe plaintiffs, moved to dismiss tbe writ of error upon tbe ground that tbe condition of tbe supersedeas bond does not conform, to tbe statute (Code, section 6351). Tbe duty of a defendant in error or appellee, under such circumstances, is clearly indicated in tbe case of Virginia Fire and Marine Ins. Co. v. New York, etc., Co., 95 Va. 515, 28 S. E. 888, 40 L. R. A. 237—that is, that good faith, requires that be should make tbe motion before tbe expiration of tbe time within which a new bond can be…