Yarborough v. Deshazo
Supreme Court of Virginia
This was a motion to dismiss the appeal in this case, because it was not perfected in time. It appears that there was a final decree in the cause on the 10th of November 1845, from which an appeal was allowed on the 8th of November 1850, and process issued from the clerk’s office on the next day ; but the appeal bond was not executed until the 18th of December 1850.
1Opinion of the Court
AI/L/FN, J.,
delivered the opinion of the Court.
In the case of Williamson v. Gayle, 4 Gratt. 180, it was decided that the act of 1830-31, Sup. Rev. Code, p. 148, limiting appeals to this Court, refers to the time “of presenting the petition for an appeal to the Court, or a Judge in vacation. That if the petition be presented within five years from the date of the judgment or decree, the appeal is not barred by the statute. That the appeal being allowed, the cause was pending in the Court of appeals ; and that the failure of the appellant to execute the appeal bond directed to be given on…
2Cited by6 opinions
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- Otterback v. Alex & Fred. Railway Co.Supreme Court of Virginia · 1875
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