Stealy v. Jackson

Decided March 15, 1823

Supreme Court of Virginia · decided 1823-03-15

This was an appeal from the Staunton chancery court, where the case was decided in favor of the defendant, the present appellee. The plaintiff prayed an appeal$ which was allowed, with permission to the appellant to give bond and security within thirty days.

Decided 1823-03-15

¶1March 31.

Judge Brooke,

¶2delivered the opinion of the court.

¶3On the preliminary question, whether the appeal in this case has been regularly granted, the court is of opinion, that though the act of assembly might be susceptible of a different construction, if it were res integra, that which has been adopted by the chancellor, has been so long acquiesced in by this court, that it is now too late to disturb It. The cause has therefore been considered on its merits, and the court is of opinion to affirm the decree.