Davis v. Morriss' Ex'ors
Supreme Court of Virginia
Appeal from a decree of the chancery court of Richmond city, refusing Westmoreland D. Davis leave to file a bill of review of certain decrees in a suit wherein Mrs. A. H. L. Davis and als. were plaintiffs, and Charles Y. Morriss and Robert F. Morriss, executors of Richard G. Morriss, deceased, were defendants.
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Appeal from a decree of the chancery court of Richmond city, refusing Westmoreland D. Davis leave to file a bill of review of certain decrees in a suit wherein Mrs. A. H. L. Davis and als. were plaintiffs, and Charles Y. Morriss and Robert F. Morriss, executors of Richard G. Morriss, deceased, were defendants. The appellant, W. D. Davis, was a son of Mrs. A. H. L. Davis, who was daughter of Christopher S. Morriss, who died in 1851, in Mississippi, leaving a will by which he appointed his brother, Richard G. Morriss (a citizen of Virginia), trustee, to hold a legacy of $50,000 for his daughter…
1Opinion of the CourtStaples, J.
The only question now to be determined is, whether the chancery court erred in refusing the appellant leave to file his bill of review. We are not at all inclined to inquire whether, upon the final hearing, he will establish his claim to relief. If this court shall be of opinion that the application was improperly refused, it will simply remand the cause to the chancery court, with directions to that court to receive the bill and to proceed with the case according to the usual course and practice of the court. 32 Gratt. 697.
The rules governing application for bills of review upon the ground…
2Cases cited5 opinions
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- McNamara v. DwyerNew York Court of Chancery · 1838
- First Nat. Bank of Alexandria v. Turnbull & Co.Supreme Court of Virginia · 1880
- Powell v. StrattonSupreme Court of Virginia · 1854
- Moses v. Hart's Adm'orSupreme Court of Virginia · 1875
3Cited by16 opinions
- Pillow v. Southwest Virginia Improvement Co.Supreme Court of Virginia · 1895
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Allen v. BuchananSupreme Court of Alabama · 1892
- Reed v. HollingsworthSupreme Court of Iowa · 1912
- Banco Minero v. Ross MastersonCourt of Appeals of Texas · 1911
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