Chase v. Miller

Citations

• 88 Va. 791
• 14 S.E. 545
• 1892 Va. LEXIS 33

Syllabus

<p>1. Courts. — T< cm time — Judge—Vacation.—The court in term time may exercise all the powers and functions conferred upon it as a court of general and original jurisdiction. The judge, acting in vacation, has no authority, except that expressly canferred by the statute, under which he acts and is restricted to its very terms.</p> <p>2. Idem —Code 1887, section 3436, construed — Cocam non judiee. — This section, whereby a circuit judge may in vacation hear and determine upon appeal whether a judgment of court below is right or wrong, does not authorize the judge in vacation to inquire into the sufficiency of the appeal bond, and to order a new bond, or new or additional security; ’such order is cocam non judiee and void.</p> <p>3. Remedy. — Cierh’s bond. — The party injured by the insufficiency of the appeal bond has his remedy by action on the official bond of the clerk of the court. §§ 177, 178 and 180.</p>