Reports of Cases in the Supreme Court of Appeals of Virginia, Том 77D. Bottom, Superintendent of Public Print., 1884 Some vols. also contain reports of cases in the General Court of Virginia. |
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Страница 57
... decreed sale of M.'s interest to pay those judgments . On appeal here— HELD : 1. The decree was premature and erroneous . 2. An account of rents and profits preëssential to decree of sale . 3. The realty of G. O. must be exhausted ...
... decreed sale of M.'s interest to pay those judgments . On appeal here— HELD : 1. The decree was premature and erroneous . 2. An account of rents and profits preëssential to decree of sale . 3. The realty of G. O. must be exhausted ...
Страница 61
... decree being interlocutory might , as held in Ewart v . Saunders , supra , be amended so as to secure an inquiry before sale , and as amended , be affirmed . But this cannot be done , because the decree must be reversed for other errors ...
... decree being interlocutory might , as held in Ewart v . Saunders , supra , be amended so as to secure an inquiry before sale , and as amended , be affirmed . But this cannot be done , because the decree must be reversed for other errors ...
Страница 63
... decree against the appellant before the exhaustion of the realty of Geo . W. Oaks . The third and last assignment of ... decree appealed from . If so , she was a necessary party , and it was error in the court below to proceed to decree ...
... decree against the appellant before the exhaustion of the realty of Geo . W. Oaks . The third and last assignment of ... decree appealed from . If so , she was a necessary party , and it was error in the court below to proceed to decree ...
Страница 64
... decree was plainly erroneous in decreeing the sale of such life estate , which could not , under the circumstances , exist . 3d . The decree is erroneous , because whilst inferentially , the wife of the appellant is still living , and ...
... decree was plainly erroneous in decreeing the sale of such life estate , which could not , under the circumstances , exist . 3d . The decree is erroneous , because whilst inferentially , the wife of the appellant is still living , and ...
Страница 69
... decreed the sale of the entire real estate of the said B. R. Wilson , and also the lands which we have seen were the maiden property of the widow . From this decree Mrs. Bettie Wilson , the widow , appealed . It does not appear from ...
... decreed the sale of the entire real estate of the said B. R. Wilson , and also the lands which we have seen were the maiden property of the widow . From this decree Mrs. Bettie Wilson , the widow , appealed . It does not appear from ...
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aforesaid amount appellant appellees applied appointed authority bank Barrett Baugh bill board of education bond cause certified chancery chapter circuit court claim commissioner commonwealth constitution contract conveyed corporation court council counsel county court court of equity creditor damages debt deceased decree defendant delivered the opinion demurrer duties elected entitled equity evidence execution executor facts ferries filed Grat Gratt held homestead hustings court interest James James Brown January John John Baugh judge judgment jurisdiction jury legislature levy liable lien Loudoun county ment Metz Norfolk county paid parties payment petitioner plaintiff in error Poplar Grove prescribed proceedings purchase money qualified quarter acres question real estate reason record refused rendered Richmond rule says school trustees sheriff Smith sold statute suit supersedeas sureties Syllabus-Statement telegraph company term therein thereof tion trial verdict Virginia wife writ of error writ of prohibition
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Страница 187 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Страница 4 - The legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this constitution.
Страница 187 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Страница 7 - November, and all of said officers shall enter upon the duties of their offices on the first day of January next succeeding their election, and shall hold their respective offices for the term of four years, except that the county clerk shall hold office for eight years...
Страница 55 - It is an elementary principle of criminal pleading, that where the definition of an offense, whether it be at common law or by statute, 'includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition ; but it must state the species, — it must descend to particulars.
Страница 4 - ... they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections...
Страница ix - Two hours on each side will be allowed for the argument, and no more, without special leave of the court, granted before the argument begins. The time thus allowed may be apportioned between the counsel on the same side, at their discretion : Provided, always, That a fair opening of the case shall be made by the party having the opening and closing arguments.
Страница 576 - A court of equity which is never active in relief against conscience, or public convenience, has always refused its aid to stale demands, where the party has slept upon his right and acquiesced for a great length of time. Nothing can call forth this court into activity, but conscience, good faith, and reasonable diligence : where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore from the beginning of this jurisdiction, there was...
Страница 196 - The general rule in the exposition of all acts of Parliament is this, that in all doubtful matters, and where the expression is in general terms, they are to receive such a construction as may be agreeable to the rules of the common law in cases of that nature ; for statutes are not presumed to make any alteration in the common law further or otherwise than the act does expressly declare...
Страница 228 - That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.