Virginia Fire & Marine Ins. v. New York Carousal Manufacturing Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Richmond, rendered November 22, 1895, in a proceeding by garnishment, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant.
1Opinion of the Court
Riely, J.,
delivered the opinion.- of the court.
The defendant in error, at the hearing of the case, moved to dismiss the appeal upon the ground that the appeal bond is defective, in that it omits to provide, as a part of the condition, for the payment of “all actual damages incurred in consequence of the supersedeas.”
The statute (Code, sec. 3411) prescribes that the bond is to be given before the clerk of the court below, and requires that this officer shall take the bond and endorse on the process that it has been given. The plaintiff in error, upon the allowance of the writ of error,…
2Cases cited19 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Orr v. PenningtonSupreme Court of Virginia · 1896
- Bissell v. KipNew York Supreme Court · 1809
- Lancashire Insurance v. CorbettsIllinois Supreme Court · 1897
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
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3Cited by10 opinions
- Trust Co. v. FletcherSupreme Court of Virginia · 1929
- Covington Virginian, Inc. v. WoodsSupreme Court of Virginia · 1944
- Sterling Fire Insurance v. Comision Reguladora Del Mercado De HenequenIndiana Supreme Court · 1924
- Harris v. HarringtonSupreme Court of Virginia · 1942
- Northern Neck Mutual Fire Ass'n v. TurlingtonSupreme Court of Virginia · 1923
5 more not listed; retrieve them via the Exa API.