Moore v. Harrison

Citations

• 114 Va. 424
• 76 S.E. 920
• 1913 Va. LEXIS 102

Syllabus

<p>1. Bills of Exception — When to Be Filed — Consent of Record — When to.Be Made. — Under the provisions of section 3385 of the Code, as amended (Acts 1908, pp. 336-7), bills of exception may be tendered to the judge and signed by him either during the term . at which the opinion is announced, to which exception is taken, or within thirty days thereafter, or at such other time as the parties by consent entered of record may agree upon, but if the time is extended by consent, such cohsent must be entered of record before the adjournment of the term at which the final judgment complained of was entered. It cannot be entered of record thereafter. Bills of exception cannot .be filed except at the time and in the manner pointed out by said section. The matter is jurisdictional.</p> <p>2. Bills of Exception- — Failure to File in Time — Act of March 18,1912. The failure to file bills of exception within the time prescribed by the statute is not a failure to properly identify or certify “any record or part thereof, testimony or proceeding” so as to make it a part of the record of the case, and, hence, is not within the curative provisions of the act of March 13, 1912 (Acts 1912, pp. 533-4).</p>