Dillard & McCorkle v. Dunlop

Citations

• 83 Va. 755
• 3 S.E. 383
• 1887 Va. LEXIS 119

Syllabus

<p>1. Practice at Common Law.—Bill of exceptions—Refusal to sign.— After verdict and denial of new trial, trial court must certify the facts or the evidence, if asked so to do. It cannot require counsel to agree upon a statement of the evidence as a condition precedent, nor plead lack of time or memory as justification of its refusal to certify the same. Powell v. Tarry, 77 Va. 250.</p> <p>2. Idem—Appellate court—Mandamus—New trial.—Where, after service of mandamus upon trial judge to certify the facts or the evidence, and his refusal to do so, the record of the case is presented in the petition of the losing party to this court, it will reverse the judgment complained of and remand the case for new trial.</p>