¶1TWO 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 itshouldnowbe *22docketted, and the judgment affirmed, itbeing a casefor dc* lay. The court (consisting of Judges Lyons, Carrington and Tucker'S upon the authority of the case of Mills against Black, 1 Call, 241, decided that the judgment could not be affirmed; but dismissed the appeal with costs.
1 Va. 21
Nelson v. Matthews
Decided October 11, 1806
Supreme Court of Virginia · decided 1806-10-11
<p>After two terms of this j^psed arfnce the appeal, and before the record is brought up, a judgment cannot be affirmed; btír fh® appeal may be dismissed with costs.</p>
Decided 1806-10-11