Sanderlin v. Baxter
Supreme Court of Virginia
Appeal from decree of circuit court of Norfolk city in suit of Oscar F. Baxter against Willis B. Sanderlin, perpetuating an injunction to prevent encroachment on plaintiff’s easement appurtenant to his estate “Woodland,” over the defendant’s estate “Fairfield.” From this decree Sanderlin obtained an appeal to this court. Opinion of court gives the facts.
1Opinion of the CourtBurks, J.
The appellant assigns as error in the decree of the circuit court, that the cause was prematurely heard and disposed of on the merits. It is claimed that it was submitted solely on a motion to dissolve the injunction, and that it was not ready for hearing. This is said in argument, but does not appear to be supported by the record. It is true, there was a motion to dissolve the injunction, but the case was ripe for hearing, and the decree shows that it was fully head upon the pleadings and proofs. The judge evidently considered the cause to be so submitted, and not merely on the motion to…
2Cases cited1 opinion
- Burwell v. HobsonSupreme Court of Virginia · 1855
3Cited by43 opinions
- Brown v. HaleySupreme Court of Virginia · 1987
- Hark v. Mountain Fork Lumber Co.West Virginia Supreme Court · 1945
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Scott v. MooreSupreme Court of Virginia · 1900
- Haywood v. MassieSupreme Court of Virginia · 1948
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