Alexander v. Alexander

Citations

• 85 Va. 353
• 1 L.R.A. 125
• 7 S.E. 335
• 1888 Va. LEXIS 42

Syllabus

<p>1. Appeal of one, not the appeal of the other.&emdash;Where the parties in a cause stand upon distinct and unconnected ground, and their rights are separate and not equally affected by the same decree or judgment, then the appeal of one will not bring up for adjudication the rights or claims of the other. Walker v. Page, 21 Gratt. 636; Rorer v. R. W. Bank, 83 Va. 608.</p> <p>2. Appeal of one, the appeal of the other.&emdash;Where the parties appealing and the parties not appealing stand upon the same ground, and their rights are involved in the same question, and equally affected by the same decree or judgment, the appellate court will consider the whole case and settle the rights of the parties not appealing, as well as those appealing.</p> <p>3. Idem&emdash;Case at bar.&emdash;Here the two causes were heard together, and the decree rendered in both, and passed on the plaintiffs’ rights in each cause respectively, and to the extent to which it holds the property in controversy to be the separate estate of the wife, and not the property of the husband, it withdraws that property from the lien of the appellees’ judgment. This court.cannot pass upon the appellants’ rights without passing on the appellees’ rights, and the appellant, in bringing her rights here for adjudication, brought also those of the appellees.</p> <p>4. Multifariousness&emdash;What constitutes&emdash;Cardinal rules.&emdash;For certain cardinal rules, whereby the existence of multifariousness in any particular case may be determined, see opinion.</p> <p>5. Judgments&emdash; Confession&emdash;Power of attorney&emdash;Firm.&emdash;A power of attorney to confess a judgment need not be under seal. Coker v. Wynne, 2 Va. L. J. 377. Power of attorney to confess a judgment executed by a firm, and the judgment confessed thereunder, are valid.</p> <p>6. Married Woman&emdash;Actioti at law&emdash;Statute.&emdash;Under act 1876&emdash;’7, p. 333, a married 'woman is capable of suing at law, and of taking a c