Crum v. Udy
| Decision Date | 07 March 1966 |
| Court | Virginia Supreme Court |
| Parties | Myrtle Lorene CRUM v. William Bryant UDY. |
Wayne G. Johnson, Fairfax (Robert E. Manuel, Johnson & Manuel, Fairfax, on brief), for plaintiff in error.
Douglas A. Clark, Vienna, for defendant in error.
Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.
The plaintiff, Myrtle Lorene Crum, filed in the court below on December 19, 1963, a motion for judgment against William Bryant Udy, defendant, for damages for injuries alleged to have been suffered by her on November 18, 1961, when an automobile in which she was a passenger was struck by an automobile being negligently operated by the defendant. Plaintiff also filed an affidavit by her counsel alleging that the defendant was a resident of Virginia at the time of the accident, but had been continuously outside of the State for at least sixty days next preceding the institution of this suit.
Grounds of defense were filed by Allstate Insurance Company, plaintiff's insurance carrier (Code § 38.1-381, 1964 Cum.Supp.), for defendant and for itself, alleging that the plaintiff's action was barred by the statute of limitations.
Allstate Insurance Company, on June 5, 1964, filed a motion for summary judgment on the ground that more than two years from the time of the accident had elapsed before the suit was brought (Code § 8-24).
On June 19, 1964, the court heard evidence on the issues joined, and all matters of law and fact were submitted to the court for determination.
Thereafter, on July 17, 1964, the court entered its final order sustaining the plea of the statute of limitations and entering judgment for the defendant. We granted plaintiff a writ of error.
The defendant has moved to dismiss the writ of error because the plaintiff failed to comply with Rule 5:1, §§ 3(e) and 3(f), relating to the contents of the record on appeal. That Rule requires that the oral testimony and other incidents of the trial, after becoming a part of the record as therein provided, shall be presented to the judge within sixty days and signed by him within seventy days after final judgment. The requirements of the Rule are mandatory and jurisdictional, and failure to comply therewith is fatal to an appeal. Dudley v. Florence Drug Corporation, 204 Va. 533, 132 S.E.2d 465, and cases there cited.
On September 25, 1964, seventy days after the final judgment, there was presented to the...
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Smith v. Commonwealth Of Va.
...of the issue, had not been filed in the trial court. See Fearon v. Commonwealth, 211 Va. 256, 176 S.E.2d 921 (1970); Crum v. Udy, 206 Va. 880, 146 S.E.2d 878 (1966); Smith v. Commonwealth, 32 Va.App. 766, 531 S.E.2d 11 Price v. Price, 17 Va.App. 105, 435 S.E.2d 652 (1993); Turner v. Commonw......
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Smith v. Commonwealth of Va..
...216 Va. 533, 535, 221 S.E.2d 119, 121 (1976); Fearon v. Commonwealth, 211 Va. 256, 257, 176 S.E.2d 921, 922 (1970); Crum v. Udy, 206 Va. 880, 881, 146 S.E.2d 878, 879 (1966); Dudley, 204 Va. at 535, 132 S.E.2d at 467; Smith, 32 Va.App. at 772, 531 S.E.2d at 14–15; Williams v. Commonwealth, ......
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Steinberg v. Steinberg
...The burden is upon the party alleging trial court error to show by the record that the judgment was erroneous. See Crum v. Udy, 206 Va. 880, 881, 146 S.E.2d 878, 879 (1966); Glaize v. Glaize, 79 Va. 429, 434 (1884); 1B Michie's Jurisprudence, Appeal and Error § 258 I. The Pension Fund The t......
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Johnson v. Com., 1050-89-1
... ... On appeal, the judgment of the trial court is presumed correct. Crum v. Udy, 206 Va. 880, 881, 146 S.E.2d 878, 879 (1966). The burden is on the party who alleges reversible error to show by the record that reversal is the remedy to which he is entitled. See 1B Michie's Jurisprudence Appeal and Error § 258 (1980). No error is assigned or alleged concerning the ... ...