Wynne v. Newman's Adm'or
Supreme Court of Virginia
At August rules, 1874, Thomas Newman, administrator cie bonis non of T. Newman, deceased, filed his bill in the clerk’s office of the circuit court of York county, against Edmund T. Wynne and Thomas Curtis, alleging that Susan M. Newman, late executrix of the said decedent, in 1868,. brought an action in said court against the said E. TWynne, surviving obligor, on a bond in the penal sum of $2,200, executed by him and T. W. Whittaker as principal,, to the said executrix;…
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At August rules, 1874, Thomas Newman, administrator cie bonis non of T. Newman, deceased, filed his bill in the clerk’s office of the circuit court of York county, against Edmund T. Wynne and Thomas Curtis, alleging that Susan M. Newman, late executrix of the said decedent, in 1868,. brought an action in said court against the said E. TWynne, surviving obligor, on a bond in the penal sum of $2,200, executed by him and T. W. Whittaker as principal,, to the said executrix; that issue was joined on a plea of non est factum in said action, and the trial resulted in a verdict and judgment for the…
1Opinion of the CourtBurks, J.
This is an appeal from a decree awarding a new trial of an issue in an action at law, in which there was a verdict, and judgment for the defendant.
*815If the complainant was entitled to relief, the mode of granting it was improper. At the hearing the court annuled the judgment, set aside the verdict of the jury and ordered a new trial in the action at law. A court of chancery, under our system of jurisprudence, is invested with no such power as this. It may act on the parties, but not directly on the judgment, nor on the court which rendered it. Such judgment by a court having jurisdiction to…
2Cases cited4 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- St. John's ex'ors v. AldersonSupreme Court of Virginia · 1879
- Markham v. BoydSupreme Court of Virginia · 1872
- Adams v. HubbardSupreme Court of Virginia · 1874
3Cited by30 opinions
- Nicholas v. CommonwealthSupreme Court of Virginia · 1895
- State v. Andy ScurlockWest Virginia Supreme Court · 1925
- Grogan v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Dry v. RiceSupreme Court of Virginia · 1927
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
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