Joslyn v. State Bank

Citations

• 86 Va. 287
• 10 S.E. 166
• 1889 Va. LEXIS 36

Syllabus

<p>1. Decree—Prima facie correct.—Decree of court of competent jurisdiction is always presumed to be right until the contrary is shown, and party in appellate court alleging error, must show it in the regular way. Harman v. Lynchburg, 33 Gratt., 43.</p> <p>2. Idem—Bill of exceptions.—Where jury is waived and the whole matter of ■law and fact submitted to the court, there must be a bill of exceptions spreading the evidence on the record, and showing the exact ground of complaint. Lee v. Book, 11 Gratt., 182.</p> <p>3. Chancery Practice—Bill of interpleader—Case at bar.—In attachment in equity, bill of interpleader was filed by trustee claiming what was due from garnishee to defendant. Decree dismissing the bill will not be disturbed on appeal, when there is no bill of exceptions, no certificate of evidence, no authenticated copy of trustee’s appointment, and no intimation of what documents were read or rejected; but it appears that depositions' were inserted in the record after the decree was rendered, the decree not alluding to them, yet stating that the evidence was heard.</p>