Otterback v. Alex & Fred. Railway Co.
Supreme Court of Virginia
This was a motion by the Alexandria & Fredericksburg Railway Company to dismiss an appeal which had been 'allowed to Mrs. Sarah Otterback, from the judgment of the Circuit court of Prince William county, affirming a judgment of the County court of said county, in a cause in which the appellee here was plaintiff and the appellant was defendant.
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This was a motion by the Alexandria & Fredericksburg Railway Company to dismiss an appeal which had been 'allowed to Mrs. Sarah Otterback, from the judgment of the Circuit court of Prince William county, affirming a judgment of the County court of said county, in a cause in which the appellee here was plaintiff and the appellant was defendant. The judgment of the Circuit court was rendered on the 13th of May 1872. Though a supersedeas to this judgment was awarded by a judge of this court on the 9th of November 1872, the supersedeas bond was not executed until the 15th of April 1875: though…
1Opinion of the Court
Moncure P.
delivered the opinion of the court.
This is a motion to dismiss the supersedeas in this case for the failure of the plaintiff in error to execute the bond required of her for the prosecution of the same within the time prescribed by law.
The law under which the supersedeas was issued in this case, is to be found in the Code, chapter 178, section 17, page 1140, which declares that “ no process shall issue upon any appeal, writ of error, or supersedeas, allowed to or from a final judgment, decree or order, if when the record is delivered to the clerk of the appellate court, there shall…
2Cases cited1 opinion
- Yarborough v. DeshazoSupreme Court of Virginia · 1851
3Cited by1 opinion
- Bull v. EvansSupreme Court of Virginia · 1898