Legal Opinion

Norfolk & Western R. v. Dunnaway's Adm'r

Supreme Court of Virginia

Decided April 9, 1896PublishedCited by 20 opinions

Error to a judgment of the Circuit Court of Halifax county, rendered November 10, 1893, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant.

1Opinion of the CourtBuchanan, J.

The defendant here insists that the writ of error in this case was improvidently awarded and should be' dismissed. He bases this contention on two grounds.

First. That the plaintiff company did not comply with section 3457 of the Code, which provides that the party intending to apply for an appeal or writ of error, shall give notice to the opposite party or his counsel, if either reside in the State, of his intention to apply for a transcript of the record which is required to accompany his petition for an appeal or writ of error; that the clerk of the court shall not make out and deliver such…

2Cases cited10 opinions

  1. Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
  2. Seaboard & Roanoke Railroad v. Joyner's Adm'rSupreme Court of Virginia · 1895
  3. Meeks v. Southern Pacific RailroadCalifornia Supreme Court · 1880
  4. Mears & Lewis v. DexterSupreme Court of Virginia · 1890
  5. Newberry v. WilliamsSupreme Court of Virginia · 1892

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3Cited by20 opinions

  1. Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
  2. Blankenship v. Chesapeake & O. R. Co.Supreme Court of Virginia · 1897
  3. Norfolk & Western Railway Co. v. WoodSupreme Court of Virginia · 1901
  4. Brame v. Guarantee Finance Co.Supreme Court of Virginia · 1924
  5. Joy v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1914

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