Gilmer v. Francisco
Supreme Court of Virginia
Error to an order of the Circuit Court of Scott county in contempt proceedings to enforce an injunction. Judgment for complainant. Defendant assigns error.
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Error to an order of the Circuit Court of Scott county in contempt proceedings to enforce an injunction. Judgment for complainant. Defendant assigns error. It appears from the record that in a proceeding commenced before the board of supervisors by applicants, one S. L. Redwine and the appellee, W. W. Francisco, which was appealed to the circuit court by the appellant, T. P. Gilmer, a right of way for a road over the land of the appellant was condemned and established as a private road, to be built and kept up by the applicants, upon a location designated in the report of S. T. Mitchell,…
1Opinion of the Court
Sims, J.,
after making the foregoing statement,- delivered the following opinion of the court:
[1] It appears from the statement preceding this opinion that we have nothing but a moot case before us, so that, upon well-settled principles, the appeal must be dismissed. Levy v. Kosmo, 129 Va. 446, 106 S. E. 228, and cases cited.
[2-4] The court below had no jurisdiction, in the ex parte proceeding in which the ¡appellant was not before the court, when the order appealed from was entered, to affect the right or title of the appellant to the land which he claims is in truth in controversy. So far as…
2Cases cited1 opinion
- Levy v. KosmoSupreme Court of Virginia · 1921
3Cited by3 opinions
- Ward v. CharltonSupreme Court of Virginia · 1941
- Ficklen v. City of DanvilleCourt of Appeals of Virginia · 1926
- Winchester Medical Center, Inc. v. GiffinWinchester County Circuit Court · 1987