Echols's Ex'or v. Brennan
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Augusta county, pronounced June 27, 1900, in a suit in chancery, wherein the creditors of the Virginia Banking and Trust Company were the complainants, and the said company and the appellant and another were the defendants.
1Opinion of the CourtPhlegar, J.
The question which we are to determine in this cause is, “ Can a suit which has been dismissed under the five-years’ rule, section 3312 of the Code, 'be reinstated after one year without the consent of all the parties who are necessary to the final determination of the cause?”
This cause was pending in the Circuit Court of Augusta county for a number of years to administer a trust fund which was in the hands of John Echols and J. PT. Hendren as joint-trustees in a deed from the Virginia Banking and Trust Company. They answered jointly, settled joint accounts in the suit, and kept the fund in a…
2Cases cited3 opinions
- Battaile v. Maryland Hospital for the InsaneSupreme Court of Virginia · 1881
- Ashby v. Bell's Adm'rSupreme Court of Virginia · 1885
- Smith's Exor. v. PowellSupreme Court of Virginia · 1900
3Cited by13 opinions
- In re Application for License to Practice LawWest Virginia Supreme Court · 1910
- Bass v. DoughtyCourt of Appeals of Georgia · 1909
- Payne v. Buena Vista Extract Co.Supreme Court of Virginia · 1919
- Snead v. AtkinsonCourt of Appeals of Virginia · 1917
- Brown v. BrownWest Virginia Supreme Court · 1951
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