Bowyer v. Lewis
Supreme Court of Virginia
IN this case, the Court requested that counsel would argue the preliminary question whether an appeal could be allowed by this Court from an order of a Superior Court of Chancery, rejecting a motion to allow a bill of review, where the right of property had been decided, and a writ of habere facias possessionem awarded, but an account remained to be taken, and the report of the commissioners had not come in; in short, whether an appeal would be allowed, till the decree was,…
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IN this case, the Court requested that counsel would argue the preliminary question whether an appeal could be allowed by this Court from an order of a Superior Court of Chancery, rejecting a motion to allow a bill of review, where the right of property had been decided, and a writ of habere facias possessionem awarded, but an account remained to be taken, and the report of the commissioners had not come in; in short, whether an appeal would be allowed, till the decree was, in all respects, made final. After the affirmance of the decree, in this cause, it was certified to the Superior Court…
1Opinion of the Court
Wednesday, November 18. The Judges delivered their opinions.
Judge Tucker.
A decree of this Court affirming a decree of the High Court of Chancery, in this cause being presented to the Chancery District Court at Staunton, pursuant to the act of Assembly, 1801, c. 14. “and the same “being seen and inspected,” the defendants petitioned the Court for a bill of review, for new matter alleged to have been discovered, since the rendition of the decree in the High Court of Chancery: which motion was overruled, without costs. After which, the Court proceeded to award a writ of habere facias…
2Cases cited1 opinion
- M'Call v. PeachyCourt of Appeals of Virginia · 1798