Acker v. A. & F. Railroad

Citations

• 84 Va. 648
• 5 S.E. 688
• 1888 Va. LEXIS 123

Syllabus

<p>1. Appellate Proceedings—Supersedeas bond.—Excluding the three days the court held petition and record before granting writ of error, a supersedeas bond given within one year from the date of the judgment, is in time.</p> <p>2. Idem—Payee.—Supersedeas bond made payable to the commonwealth is sufficient. Code 1873, ch. 12, gg 6-8.</p> <p>3. Idem—Clerical omission.—Bond reciting the judgment as that of “the circuit court of Alexandria,” omitting the words “ the city of,” is not vitiated by such omission.</p> <p>4. Idem-—Waiver of homestead.—A bond not containing “a waiver of homestead ” may be insufficient, and may be made sufficient at any time on the motion of the defendant in error, but it is not a void bond.</p> <p>5. Railroads—Inabilities—Evasion.—By executing deed conveying its road, franchises, &c. to trustees selected by itself, a railroad company cannot evade its legal liabilities for injuries subsequently done to persons and property by the negligent operation of its road. Naglee v. A. & F. railroad Co., 83 Va., 707.</p>