London-va. Min. Co v. Moore

Citation98 Va. 256,35 S.E. 722
PartiesLONDON-VIRGINIA MIN. CO. v. MOORE et al.
Decision Date29 March 1900
CourtSupreme Court of Virginia

APPEAL—WHEN ALLOWED.

Code 1887, § 3454, provides that a petition for an appeal to the supreme court of appeals may be presented where there is a final judgment, decree, or order, etc. Held, where a decree sustained a demurrer and granted leave to amend, that an appeal allowed before the amendment of the bill, or the expiration of the time therefor, was improvidently awarded.

Appeal from circuit court, Buckingham county.

Action by the London-Virginia Mining Company against one Moore and another. From a decree sustaining a demurrer to the bill, plaintiff appeals. Dismissed.

D. Harman and F. C. Moon, for appellant

A. W. Patterson and H. D. Flood, for appellee.

HARRISON, J. The first question presented by the record involves the jurisdiction of this court

The statute prescribing in what cases a petition for appeal, writ of error, or supersedeas may be presented to this court is as follows:

"Any person, who thinks himself aggrieved by an order in controversy concerning the probate of a will, or the appointment or qualification of a personal representative, guardian, curator, or committee, or concerning a mill, roadway, ferry, wharf, or landing; or any person, who is a party to any case in chancery wherein there is a decree or order dissolving an injunction, or requiring money to be paid, or the possession or title of property to be changed, or adjudicating the principles of a cause, or to any civil case wherein there is a final judgment, decree, or order, may present a petition, if the case be in chancery, for an appeal from the decree or order; and, if not in chancery, for a writ of error or supersedeas to the judgment or order" (Code 1887. § 3454), except where such appeal, writ of error, or supersedeas is prohibited by section 3455, as amended by Acts 1887-88, p. 17.

Under this statute, there can be no appeal in the case before us, unless the decree complained of has adjudicated the principles of the cause, or finally disposed of It

The cause was heard in vacation upon the bill and demurrer thereto, and the decree appealed from was entered, sustaining the demurrer and giving the appellant leave to amend; providing, further, "that unless the plaintiff shall amend the bill in sixty days from this date the same shall be dismissed at plaintiff's costs."

Without amending the bill, and before the expiration of the time allowed therefor, the...

To continue reading

Request your trial
17 cases
  • Parker v. Carilion Clinic, Record No. 170132
    • United States
    • Supreme Court of Virginia
    • 1 Noviembre 2018
    ...complaint is not filed before a specified deadline. See Norris , 255 Va. at 239, 495 S.E.2d 809 (citing London-Va. Mining Co. v. Moore , 98 Va. 256, 257, 35 S.E. 722 (1900) ). In such cases, there is no dismissal if the plaintiff files the amended complaint before the deadline and the order......
  • Rutter v. Oakwood Living Centers of Va. Inc.
    • United States
    • Supreme Court of Virginia
    • 9 Junio 2011
    ...the plaintiff to amend his [pleading] has expired.’ ” Norris, 255 Va. at 239, 495 S.E.2d at 811 (quoting London–Virginia Mining Co. v. Moore, 98 Va. 256, 257, 35 S.E. 722, 723 (1900)); see Berean Law Grp., 259 Va. at 626, 528 S.E.2d at 111. Applying that rationale to the present case, Oakwo......
  • Wood v. Carwile, 822105
    • United States
    • Supreme Court of Virginia
    • 25 Abril 1986
    ...... Beale v. Moore, 183 Va. 519, 525-26, 32 S.E.2d 696, 698-99 (1945). Indeed, it is particularly appropriate to an ......
  • Berean Law Group, PC v. Cox, Record No. 991641.
    • United States
    • Supreme Court of Virginia
    • 21 Abril 2000
    ...239, 495 S.E.2d 809, 811 (1998); accord Bibber v. McCreary, 194 Va. 394, 395, 73 S.E.2d 382, 383 (1952); London-Virginia Mining Co. v. Moore, 98 Va. 256, 257, 35 S.E. 722, 723 (1900). The plaintiff, relying upon Norris, argues that the circuit court did not lose control over the September 2......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT