Hancock v. Hutcherson & Wife

Citations

• 76 Va. 609
• 1882 Va. LEXIS 63

Syllabus

<p>1. Equitable Jurisdiction—Bill of review—Appeal.—One court cannot review the decree of another court upon a hill of review. Acts 1872-3, ch. 395, § 6, p. 383, gives the circuit court no such jurisdiction over the final decrees of the county courts, and only removed from the latter to the former such causes at law and in chancery as were pending on the day the act took effect. The only remedy is an appeal from the decree of the county court.</p> <p>.2. IDEM—Idem—Eirors in law—Errors in judgment.—On bill to review decree for error in law, the error must appear on the face of the decrees or orders or proceedings in the cause, arising on facts either admitted by the pleadings or stated as facts in the decrees. But if the errors be errors of judgment in the determination of facts, such errors can be corrected only by appeal. Rawlings' Ex'or v. Rawlings and als., 1 Matthews, 75 Va. p. 88. The evidence cannot be looked into in order to show that the decree is erroneous in its statement of facts.</p> <p>3. Idem— Case at bar.—In 1871, county court, in chancery suit of husband and wife against her former guardian for settlement, decreed that the defendant should not in that case be charged with Confederate money, which, without any fault of his, became worthless in his hands, nor with the sealed value thereof. In May, 1879, by leave, the husband and wife filed in the circuit court of same county, their bill to review the said decree for errors on its face. The defendants demurred to and answered this bill; but in 1881 the circuit court reversed said decree. The female. plaintiff was married on 15th February, 1872, and arrived at the age of twenty-one years on 6th February, 1876.</p> <p>Meld :</p> <p>1. The decree of the county court was final, and the circuit court had no jurisdiction to review it upon a bill of review.</p> <p>2. The cause was not pending on 1st July, 1S73, in the county court, and hence was not removed to the circuit court by the act 1872-3, ch. 395, § 6,