Jones v. Turner
Supreme Court of Virginia
Appeal from decree of circuit court of Franklin county •entered April 17,1878, in the chancery cause of Isaac Jones, Jr., v. E. B. Turner, Fleming Saunders and als.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The suit was dismissed by the decree of the 18th of July, 1874, which is in these words: “The plaintiff failing to *710prosecute his suit, it is ordered that the same be dismissed.”' On the 17th of April, 1878, the plaintiff moved the court for leave to file a petition, praying that the cause be re-instated on the docket, which was refused. Thereupon he obtained an appeal to this court.
The decree dismissing the suit was a final decree, and therefore after the end of the term at which it was rendered, it could be set aside only on appeal to this court,…
2Cases cited1 opinion
- Battaile v. Maryland Hospital for the InsaneSupreme Court of Virginia · 1881
3Cited by5 opinions
- Payne v. Buena Vista Extract Co.Supreme Court of Virginia · 1919
- Jameson v. Jameson's Adm'xSupreme Court of Virginia · 1889
- Ward v. FunstenSupreme Court of Virginia · 1889
- Evans v. SpurginSupreme Court of Virginia · 1854
- Parsons v. StevensSupreme Judicial Court of Maine · 1910