Mears & Lewis v. Dexter

Citations

• 86 Va. 828
• 11 S.E. 538
• 1890 Va. LEXIS 49

Syllabus

<p>1. Appeal—Notice—Jurisdiction.—Code, sec. 3457, providing that notice of intention to apply for transcript of record, with a view of applying for an appeal or writ of error: held, merely directory, and not a limitation upon the jurisdiction of this court.</p> <p>2. Idem—Rule of decision—Retrospective law.—Act February 7, 1890, amending Code 1887, sec. 3484, requires the appellate court to look first to the proceedings and the whole evidence on the first trial; and if there be error in setting aside the verdict on that trial, to set aside and annul all proceedings subsequent to said verdict, and to enter judgment thereon. Held, the rule of this act, which operates retrospectively, applies to all cases which, though decided by the court below before, yet comes before this court on error since the passage of said act.</p> <p>U. Unlawful Entry.—Plaintiff being in actual possession when defendant entered, and the entry being unlawful, plaintiff is entitled to recover possession of the premises, any possession being a legal possession against a wrong-doer.</p>