Wynn v. Heninger

Citations

• 82 Va. 172
• 1886 Va. LEXIS 20

Syllabus

<p>1. Practice at Common Law—Appeal from county court—Cause remanded.—On reversal of judgment of county court, the cause must be retained by the circuit and not remanded, except by consent or for cause, as a remanding order must show on its face that it was remanded by consent or for cause. Smith v. Hutchinson, 78 Va. 683.</p> <p>2. Idem—Objections—Appeal.-—When such cause has been improperly remanded, objections need not be made in county court, but may be made upon appeal to this court.</p> <p>3. Judgments—Conclusiveness—Presumptions.—Judgment of court of competent jurisdiction is presumed to be right, but it will not be presumed that a question has been determined unless it be shown by the record, expressly or by necessary implication, that it was in fact determined.</p>