Woodson's Ex'or v. Leyburn

Citations

• 83 Va. 843
• 3 S.E. 873
• 1887 Va. LEXIS 130

Syllabus

<p>1. Decrees-Interlomtory-Rehearing.-This court affirmed an interlocutory decree of circuit court. Afterwards in the circuit court a petition was filed to rehear said decree, and was dismissed, and the petitioners appealed.</p> <p>Held :</p> <p>Such a decree, under such circumstances, cannot be reheard.</p> <p>2. Idem-Limitation to rehearing.-Interlocutory decree was rendered fifth April, 1878. Leave to file petition for rehearing was given eighth April, 18S3, and it was filed on sixth April, 1884.</p> <p>Held :</p> <p>The bar to rehearing was complete under Code, 1873, ch. 166, 116.</p> <p>3. Idem-Coram non judice.-It was set up as ground for rehearing that certain parties who had answered by guardian ad litem were actually of full age at time of answering, and hence were coram non judice.</p> <p>The record does not show when they became of full age.</p> <p>Held :</p> <p>It may be presumed that they were under age when the decree was rendered.</p> <p>4. Appellate Court-Failure to print.-Dismissal.-Appeal from interlocutory decree was dismissed for failure to print the record. On petition for rehearing-</p> <p>Held :</p> <p>Such dismissal has the same effect as to subsequent rehearing as if the decree had been affirmed.</p>