Virginia Reports; Jefferson--33 Grattan, 1730-1880 Volume 24-25; V. 65-66

Virginia Reports; Jefferson--33 Grattan, 1730-1880 Volume 24-25; V. 65-66

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...101 and 101 a; Eubank, &c. 158 v. Rail's ex'or, 4 Leigh 308; Shelton's ex'or v. Welsh's adm'ors, 7 Leigh 175. The Code, chap. 177, H 5 and 6, p. 1135, provides as follows: 5. The court in which there is judgment by default, or a decree on a bill taken for confessed, or the judge of the said court in the vacation thereof, may, on motion, reverse such judgment or decree for any error for which an appellate court might reverse it if the following section was not enacted, and give such judgment or decree as ought to be given." And then follows in the same section a provision for the amendment of judgments and decrees by default, in which there is any mistake, and where there is anything in the record whereby such amendment can safely be made, and a provision for the release of any excess in the amount of the recovery beyond what it ought to be. After which comes the next section: "j 6. No appeal, writ of error or supersedeas, shall be allowed by an appellate court or judge for any matter for which a judgment or decree is liable to be reversed or amended on motion as aforesaid by the court which rendered it, or the judge thereof, until such motion be made and overruled in whole or in part," &c. Whether, therefore, the error, if any, in this case, was a mere clerical misprision, or an error in the judgment, or whether being a mere clerical misprision, it comes within the meaning of 5 and 6 aforesaid or not, there was a plain remedy at law for its correction by a mere motion to the court in which it was committed, after reasonable notice to the opposite party. But it is argued by the counsel of the appellants, that the provisions in the Code before recited apply only to judgments and decrees by default, and that more

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  • Paperback
  • 189 x 246 x 33mm | 1,139g
  • United States
  • English
  • black & white illustrations
  • 1236899555
  • 9781236899552