Pace v. Ficklin's

Citations

• 76 Va. 292
• 1882 Va. LEXIS 32

Syllabus

<p>1. Limitation—Appeal.—An appeal from a final decree of 2d June, 1877, was allowed 8th May, 1879; but the bond was not given until 9th June, 1S79.</p> <p>Held :</p> <p>Under Code 1873, ch. 178, § 17, the appeal must be dismissed.</p> <p>2. Appeal—Bond.—Assignee in bankruptcy filed a bill in the State court, which was dismissed with costs; that assignee dying, his successor presented petition for appeal. It was insisted that no bond was required, as the appeal was partly to protect decedent’s estate.</p> <p>Held :</p> <p>Bond was necessary, as the second assignee had nothing, as such, to do with his predecessor’s estate.</p> <p>3. Chancery Practice—Final decree—It was insisted that the decree ' was not final, because rendered in vacation and the judge afterwards gave written instructions to the clerk how to tax the costs.</p> <p>Held :</p> <p>Decree, dismissing bill with costs, must be final; rendered in vacation, it takes effect from time it is entered of record; and the judge cannot afterwards impart to it a different character.</p> <p>4. Limitation.—The period between death of first and appointment of second assignee will be included in the two years allowed for appeal. The statute does not begin to run until some person exists capable of suing; but having once begun, is not stopped by death or other disability.</p>