Battaile v. Maryland Hospital for the Insane

Citations

• 76 Va. 63
• 1881 Va. LEXIS 74

Syllabus

<p>1. Chancery Practice—Final decree,—The. established definition of a final decree is: “A decree that ends the cause, so that no further action of the court in the cause is necessary.”</p> <p>2. Idem. Idem—Subsequent proceedings.—All decrees, orders and proceedings in a cause after the rendition of a final decree are erroneous, and must be reversed. And so, all decrees, orders and proceedings before a final decree, however erroneous, must stand.</p> <p>3. Idem. Idem—Sow set aside.—There are but two ways known to the law whereby a final decree (not on a confessed bill) can be set aside—that is, by bill of review or by appeal.</p> <p>4. Idem—Idem.—In a cause land'is sold and proceeds distributed as decreed. Commissioner makes his final report showing completion of his collections and a balance in his hands for final distribution. The cause is then heard on the bill, answers and other papers formerly read, and on the commissioner’s report without exceptions. The court confirmed the report, and decreed in conformity with it, and “ that the cause be stricken from the docket.”</p> <p>Held :</p> <p>This is a final decree.</p> <p>•5. Idem—Reinstatement.—The court, by its order, however erroneous, put the cause beyond its control, and could not upon discovery of the error recall it by the summary mode of directing “ the cause to be reinstated on the docket.”</p> <p>•6. Idem—Motion.—The remedy by motion, under V. C., 1873, ch. 177, § 5, does not apply to such a decree, it not being on a bill confessed, nor the alleged error such as, under the statute, could be corrected in that summary way.</p>