Alvey v. Cahoon

Citations

• 86 Va. 173
• 9 S.E. 994
• 1889 Va. LEXIS 23

Syllabus

<p>1. Ejectment—Judgment•—•Amendment.—Under sec. 5, ch. 177, Code 1873, an amendment of a judgment for plaintiffs in ejectment “for their term yet to come in the lands,” etc., so as to conform with the plaintiffs’ claim and the requirements of the Code, 1849, whereby ejectment was adopted to try titles to, as well as to get possession of, land, was not erroneous.</p> <p>2. Appellate Practice—Demurrer.—Where no demurrer is filed to a declaration which states a good cause of action, no errors can be assigned here because of its supposed defects.</p> <p>3. Idem—Dismissed.—If one writ of error be dismissed for matter merely formal, the effect is, so far as any rehearing is concerned, the same as an affirmance in this court.</p>