Buford v. North Roanoke Land Co
| Decision Date | 17 June 1897 |
| Citation | 27 S.E. 509,94 Va. 616 |
| Court | Virginia Supreme Court |
| Parties | BUFORD et al. v. NORTH ROANOKE LAND CO. |
Appeal—Time for Taking—Date of Decree.
Under Code, § 3455, providing that, "if the final decree from which an appeal is asked is a decree refusing a bill of review to a decree rendered more than six months prior thereto, no appeal from or supersedeas to such decree so refusing a bill of review shall be allowed, unless the petition be presented within six months from the date of such decree, " the limitation runs from the actual date of the decree, and not from the beginning or end of the term at which it was rendered.
Appeal from corporation court of Roanoke.
Suit between one Buford and others and the North Roanoke Land Company. From a decree for the latter, the former appeal. On motion to dismiss. Granted.
Hansbrough & Hall and J. H. Fulton, for appellants.
Griffin & Glasgow, W. W. Berkeley, and Phlegar & Johnson, for appellee.
KEITH, P. This case is before us upon a motion to dismiss the appeal upon the ground that the right to appeal was barred by the limitation prescribed in section 3455 of the Code. So much of that section as is applicable to the point to be decided is as follows:
"If the final decree from which an appeal is asked is a decree refusing a bill of review to a decree rendered more than six months prior thereto, no appeal from or supersedeas to such decree so refusing a bill of review shall be allowed, unless the petition be presented within six months from the date of such decree."
The precise point for decision is the time at which the limitation begins to run, and we are of opinion that it is to be computed from the actual date of the decree, and not from the beginning or the end of the term at which it was rendered. The application of this principle to the case before us, it is conceded, renders necessary the granting of the motion to dismiss, and it is so ordered.
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Johnson v. Mississippi Power Co.
... ... 25; Good v. Board of ... Supervisors, 140 Va. 399, 125 S.E. 321; Buford v ... North Roanoke Land Co., 94 Va. 616, 27 S.E. 509; ... [196 So ... ...
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Allison's Ex'r v. Wood
...the language of the statute, has held that time is to be computed from the date at which the judgment was rendered. Buford v. North Roanoke Land Co., 94 Va. 616, 27 S. E. 509. But a different principle obtains in determining the right of appeal. During the term of the court at which the jud......