Two terms of this Court having elapsed since the appeal was granted by the District Court in this case, Chapman Johnson, for the appellee, moved that it should now be ^docketed, and the judgment affirmed, it being a case for delay. The Court, (consisting of Judges Lyon's, Carrington and Tucker,) upon the authority of the case of Mills v. Black, 1 Call, 241, decided that the judgment could not be affirmed; but dismissed the appeal, with costs._
1 Hen. & M. 19 •
11 Va. 19
Nelson v. Matthews.
Saturday, October 11, 1806.
Appeal — Lapse of Two Terms before Record Brought Up —Effect—After two terms of this Court have elapsed since the appeal, and before the record is brought up, a judgment cannot be affirmed; but the appeal may be dismissed with costs.
Nelson v. Matthews
1 Hen. & M. 19 •
11 Va. 19
Case Details
1 Hen. & M. 19
11 Va. 19
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