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Lee v. Frame

Supreme Court of Virginia
Oct 11, 1806
11 Va. 22 (Va. 1806)

Opinion

10-11-1806

Lee v. Frame

Chapman Johnson, for the appellee,


This was an appeal from a decree of the Chancery District Court, held at Staunton, by which a bill of injunction was dismissed with costs.

Chapman Johnson, for the appellee, moved the Court to admit the appeal to be docketed, and to affirm the decree immediately, alleging it to be a case for delay.

OPINION

Judges Lyons and Carrington were of opinion. Judge Tucker.

JUDGES LYONS and CARRINGTON were of opinion, that notice ought to be given of an intention to take up an appeal at the first term in a Chancery case; that it was, indeed, the practice of the Court, in cases of appeals from judgments obtained on forthcoming bonds, and in other cases where there is no dispute, to examine the records at the term to which they were brought up, but not in Chancery Cases.

JUDGE TUCKER. The practice of the Court being founded on the principle, that, where the appellant had already, for the sake of delay, taken every advantage allowed by the law, no farther procrastination should be permitted here; the rule ought, therefore, to be extended to cases of injunction, in which the complainant has generally obtained delay by more unjustifiable means than in other cases--of course, I am of opinion, that the appeal ought to be taken up immediately.

But, the majority of the Court being of a different opinion, the appeal was docketed, and the motion to take it up overruled.


Summaries of

Lee v. Frame

Supreme Court of Virginia
Oct 11, 1806
11 Va. 22 (Va. 1806)
Case details for

Lee v. Frame

Case Details

Full title:Lee v. Frame

Court:Supreme Court of Virginia

Date published: Oct 11, 1806

Citations

11 Va. 22 (Va. 1806)