Acker v. A. & F. Railroad
Supreme Court of Virginia
Error to judgment of circuit court of city of Alexandria, rendered September 28th, 1887, in an action wherein John F. Acker is plaintiff and the Alexandria & Fredericksburg railroad company is defendant. During the trial the court gave to the jury an instruction to which the plaintiff excepted. The verdict was for the defendant. The plaintiff moved for a new trial, which being refused, he excepted. The court certitled the evidence, and the case is here upon writ of error.
1Opinion of the CourtFauntleroy, J.
Preliminary to reviewing the action of the trial court as presented by the record, we are called upon to decide a motion to dismiss the writ of error upon the ground, first, that the bond which was required to be given by the appellant before the writ of error and supersedeas should take effect, was not executed in the timeorequired by law; and secondly, that the bond given in the case is not such a bond as is required by the statute, Acts of Assembly, extra session, 1884, page 21.
The actual date of the judgment to which the writ of error and supersedeas was awarded, was on the day of its…
2Cases cited1 opinion
- Naglee v. A. &. F. RailroadSupreme Court of Virginia · 1887
3Cited by12 opinions
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Trust Co. v. FletcherSupreme Court of Virginia · 1929
- Harris v. HarringtonSupreme Court of Virginia · 1942
- Virginia Fire & Marine Ins. v. New York Carousal Manufacturing Co.Supreme Court of Virginia · 1898
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