Saunders v. Griggs' Adm'r

Citations

• 81 Va. 506
• 1886 Va. LEXIS 119

Syllabus

<p>1. Chancery Practice—Decrees by default—Errors—Motion to correct.—The notice under Code 1873, ch. 177, § 5, need not specify the errors for which the court is asked to correct or reverse its judgment by default, or decree in bill taken for confessed.</p> <p>2. Appellate Court—Objections there—Substantial defects—Irregularities.—Objections may be taken here, for first time, which are based on substantial grounds ; such as want of jurisdiction of sub- . jeet or of parties, a good cause of actiqn, a valid verdict, or a proper judgment. But secus when the objections are based on mere irregularities.</p> <p>3. Idem—Appeal—Parties not appealing.—Where parties appealing and parties not appealing, stand upon same ground, and their rights are involved in same question and are equally affected by same judgment or decree, this court will consider the whole case and settle the rights of the parties not appealing, as well as those who bring up the case by appeal. Purcell v. McCleary, 10 Gratt. 246 ; Ashby v. Bell, 80 Va. 811. But secus, when the parties stand upon distinct and unconnected grounds, &c. Walker v. Page, 21 Gratt. 652-3.</p> <p>3. Chancery Practice—Creditor's bill—Separate suit—Demurrer.— Where a creditor’s bill has been filed against the administrator and legatees, a decree for an account has been entered in the cause, and the account has been taken, reported and confirmed; no other creditor (especially one whose debt has been established by the confirmation of that report) can maintain a separate suit for the establishment of his debt. And if the bill shows he had knowledge of the decree for account in the first suit, his suit will be dismissed upon demurrer. Kent v. Cloyd, 30 Gratt. 555.</p> <p>4. Cases Reviewed.—Gunn v. Turner, 21 Gratt. 382, examined and explained.</p>