¶1the president pronounced the court’s opinion,’that the appeal, depending in this case from the decree of the County Court of Accomack, having been regularly dismissed by the court of Chancery on the 21st day of April 1803, it was not competent for that court to reinstate the same, ata subsequent term, upon the grounds stated in the proceedings, without a rule having been made upon, or due notice given to, the adverse party to appear and contest the same. On this ground, without deciding on any other, the court is of opinion, that the said decree, and all the proceedings subsequent to the order of dismission of the 21st of April 1803, are erroneous, and that there is no error in the said order. Therefore, decree reversed, proceedings set aside, and order of dismission of the original bill affirmed, with costs.
4 Munf. 299
Cropper v. West
Decided December 7, 1814
Supreme Court of Virginia · decided 1814-12-07
SEVERAL points were argued in this case by Wirt for the appeilant and Upshur for the appellee ; but one only was decided by the court. A decree was rendered, on the 2d day of September 1801, by the County Court of Accomack, in favour of Cropper against West, from which the latter appealed to the late High Court of Chancery.
Decided 1814-12-07