Orr v. Pennington
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Lee county, pronounced March 16, 1893, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants. ' This was a suit in chancery instituted by William A. Orr against the administrator and heirs of his brother, R. S. Orr, for the purpose of having declared null and void a deed made April 7, 1883, by David M. Orr, the father of William A. Orr and R. S. Orr, to the said R. S. Orr in his…
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Appeal from a decree of the Circuit Court of Lee county, pronounced March 16, 1893, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants. ' This was a suit in chancery instituted by William A. Orr against the administrator and heirs of his brother, R. S. Orr, for the purpose of having declared null and void a deed made April 7, 1883, by David M. Orr, the father of William A. Orr and R. S. Orr, to the said R. S. Orr in his lifetime. The deed bears date April 7, 1883. David M. Orr died May 7, 1883. R. S. Orr died August 14, 1888, and this suit…
1Opinion of the CourtBuchanan, J.
Upon the calling of this cause the appellees moved the court to dismiss it because the petition praying for the appeal contained no sufficient assignment of error.
The only assignment of error in the petition for the appeal is as follows: “ Your petitioner avers that there was manifest error in dismissing said bill, and rendering said judgment for costs against your petitioner; and he therefore prays an appeal from the said decree and that a supersedeas be awarded.”
This is not such an assignment of error, we think, as is required by sec. 3464 of the Code. The petition required is in the nature…
2Cases cited2 opinions
- McQuiddy v. WareSupreme Court of the United States · 1874
- Howe v. HoweMassachusetts Supreme Judicial Court · 1868
3Cited by42 opinions
- First National Bank v. William R. Trigg Co.Supreme Court of Virginia · 1907
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Harlow v. CommonwealthSupreme Court of Virginia · 1953
- Trust Co. v. FletcherSupreme Court of Virginia · 1929
- Redford v. BookerSupreme Court of Virginia · 1936
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