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89 Va. 277

Lore v. Hash

Supreme Court of Virginia

Decided July 6, 1892

Supreme Court of Virginia · decided 1892-07-06

<p>Appeal from decree of corporation court of city of Bristol, rendered -March term, 1892, on a hill filed by Lore, Davault, and McKarney, to review a decree of that court rendered December 5th, 1890, and affirmed by this court on appeal January 25th, 1892, (88 Va. 716,) to which case this is the sequel. Opinion states the case.</p>

Relies on J. B. Campbell's ex'ors v. A. C. Campbell's ex'or · New York Life Insurance v. Clemmitt · Woodson's Ex'or v. Leyburn

Good law ✅— No negative treatment on recordhow we know

Decided 1892-07-06

How this case has been cited

Cited by 7 later decisions — most recently January 1946

7 state decisions

20189219001910192019301940decided

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Lacy, J.,

¶1delivered the opinion of the court.

¶2The dispute now before this court grows up over the action of the corporation court of Bristol in refusing to rehear the decree of that court rendered at the December term, 1890, which was appealed from in the said case of Lore, Davault, and McKarney, mentioned supra; the object of the rehearing being to correct an error in the said decree of the corporation court of Bristol aforesaid, which was affirmed by the decree of this court, rendered upon the hearing here, at the January term, 1892. The decree here appears to have been an affirmance of the'said decree appealed from in general terms, this *278court saying “ that there are no errors in said decree' to the prejudice of the appellant. It is therefore decreed and ordered that the said decree be affirmed, and that the appellants pay to the appellees $30, and- also their, costs.” There were no errors assigned by the appellees, and, all the errors assigned by the appellants having been overruled, the decree was affirmed in general terms; and the alleged error having existed, if at all, before the decree of affirmance here, it cannot now be reheard by the said corporation court, nor any other court, and must stand as res judicata. The said corporation court of Bristol did not, therefore, err in refusing to rehear the said decree, and the said decree must be affirmed. Insurance Co. v. Clemmitt, 77 Va. 366, and cases cited; Woodson’s Ex’or v. Leyburn, 83 Va. 847; Campbell v. Campbell, 22 Gratt. 649.

¶3Decree affirmed.

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