Neale v. Farinholt

Citations

• 79 Va. 54
• 1884 Va. LEXIS 59

Syllabus

<p>1. Appellate Proceedings.—Judgments of courts of competent jurisdiction always presumed to be right until contrary is shown; and in appellate court, one alleging error in court below must show it in the record, in the regular way; else the presumption of correctness must prevail. Harman v. City of Lynchburg, 33 Gratt. 37.</p> <p>2. Idem—Appeal of right—Appeal for errors.—Where petition for privilege to erect wharf, &c., is contested and dismissed by the county court, petitioner may, under Code 1873, chapter 178, section 1, appeal of right and give bond during the term. Then the petition is heard de novo on extrinsic testimony in circuit court. But if petitioner, under section 2 of that chapter, obtains writ of error, judgment of county court must be reviewed on the record; and if there has been taken to the rulings of the court below no bill of exceptions spreading the evidence and points decided on the record, the judgment will be presumed to be right ' and affirmed. And so, in this court, quoad judgment of circuit court, except that appeals to the former from the latter, are always appeals for errors, which must appear in the record. But where petitioner goes to circuit court on writ of error, and circuit court, hearing petition on extrinsic evidence, reverses judgment of county court and grants the prayer of the petition, and the case comes to this court without exceptions spreading the evidence and points decided on the record, and no error appears in the record of the county court, this court will reverse the judgment of the circuit court and affirm that of the county court.</p>