Otterback v. Alex & Fred. Railway Co.

Citations

• 26 Va. 940
• 26 Gratt. 940

Syllabus

<p>A judgment is rendered on tbe 13th. of May 1872, and one of the parties obtains an award of a supersedeas to the judgment on the 9th of November 1872, but the supersedeas bond is not given until the 15th of April 1875; though counsel had marked his name on the docket as counsel for the appellee. The bond not having been given within the time prescribed by the statute the appeal must be dismissed; and the counsel marking his name on the docket, though it may be a waiver of the process, is not a waiver of the bond. Code of 1873, ch. 178, s. 17, p. 1140.</p>