Chase v. Miller
Supreme Court of Virginia
Error to order of the judge of the circuit court of Frederick county, made in vacation, on the 11th day of August, 1891, on a motion made by John M. Miller, upon notice, to require William 0. Ohase to give additional security on an appeal bond executed by him, with surety, before the clerk of the circuit court of Frederick county, upon a writ of error and supersedeas awarded by said judge to a judgment of the county court of Frederick county, in an action of unlawful…
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Error to order of the judge of the circuit court of Frederick county, made in vacation, on the 11th day of August, 1891, on a motion made by John M. Miller, upon notice, to require William 0. Ohase to give additional security on an appeal bond executed by him, with surety, before the clerk of the circuit court of Frederick county, upon a writ of error and supersedeas awarded by said judge to a judgment of the county court of Frederick county, in an action of unlawful detainer, wherein said John AX. Miller was plaintiff, and the said William 0. Ohase was defendant. The facts, so far as…
1Opinion of the Court
Richardson, «T.,
delivered the opinion of the court.
The sole question presented for decision is, Did the judge of the circuit court have jurisdiction, in vacation, to make the order requiring the plaintiff in error to give a new bond, or additional security on the existing bond, and in default thereof to dismiss the writ of error ?
"We are clearly of opinion that the judge of the circuit court had no power to. make the order.
“ It is a fundamental principle that courts can exercise judicial functions only at such times and places as are fixed by law, and that the judges of courts can enter no…
2Cases cited1 opinion
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