Alexander v. Byrd
Supreme Court of Virginia
Argued at Staunton, decided at Richmond. Appeal from decree of circuit court of Clarke county, rendered on the 6th of February, 1883, in the chancery cause wherein Margaret Byrd, assignee of R. E. Byrd's administrator, was complainant, and John Alexander, administrator of W. O. Alexander, deceased, and J. H. and W. R. Alexander, and Bettie M. Grigsby and Mary A. Brubaker, the only children and heirs-at-law of the decedent, were defendants.
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Argued at Staunton, decided at Richmond. Appeal from decree of circuit court of Clarke county, rendered on the 6th of February, 1883, in the chancery cause wherein Margaret Byrd, assignee of R. E. Byrd's administrator, was complainant, and John Alexander, administrator of W. O. Alexander, deceased, and J. H. and W. R. Alexander, and Bettie M. Grigsby and Mary A. Brubaker, the only children and heirs-at-law of the decedent, were defendants. The case is as follows: R. E. Byrd held the bond of D. W. Sowers, as principal, and F. J. Kerfoot and W. C. Alexander, as sureties, dated April 18th, 1849,…
1Opinion of the CourtRichardson, J.
(after stating the case as aforesaid), delivered the opinion of the court.
The question to be first considered is that raised by the appellee’s objection that the decree appealed from is not final, nor such an adjudication of the principles of the case as will allow an appeal.
It is certainly true that the decree appealed from was not a final decree. The established definition of a final decree is a decree that ends the cause, so that no further action of the court in the cause is necessary. Battaile v. Maryland Hospital, 76 Va. 63.
It is clearly an interlocutory decree only. It is equally clear…
2Cases cited9 opinions
- Ryan's adm'r v. McLeodSupreme Court of Virginia · 1879
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