Midget v. Commonwealth

Supreme Court of Virginia

Midget v. Commonwealth

59 S.E. 606, 107 Va. 846, 1907 Va. LEXIS 88

DecidedNovember 13, 1907

StatusPublished

This text of 59 S.E. 606 (Midget v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Midget v. Commonwealth, 59 S.E. 606, 107 Va. 846, 1907 Va. LEXIS 88 (Va. 1907).

Pincite

Opinion

By the court.

This day came again the parties by counsel, and the court having maturely considered the motion of the commonwealth to dismiss the writ of error awarded in this case, and the answer of the defendant thereto, and it now appearing to the court that [847]*847the several bills of exception of the plaintiff in error were not signed by the judge of the corporation court of the city of Alexandria at the term at which the opinions and judgment of said court to which exception is taken were announced, or in the vacation of said court within thirty days after the end of such term, or at a time at which the parties by consent entered of record at said term had agreed that they should be so signed, but were signed by the said judge at a subsequent term of said corporation court, the court is of opinion that the said writ of error was improvidently awarded.

It is therefore considered that the said writ of error be dismissed, and that the commonwealth recover of the plaintiff in error her costs by her about her defense herein expended. Which is ordered to be forthwith certified to the said corporation court of the city of Alexandria.

Writ of error dismissed.

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By the court.

This day came again the parties by counsel, and the court having maturely considered the motion of the commonwealth to dismiss the writ of error awarded in this case, and the answer of the defendant thereto, and it now appearing to the court that [847]*847the several bills of exception of the plaintiff in error were not signed by the judge of the corporation court of the city of Alexandria at the term at which the opinions and judgment of said court to which exception is taken were announced, or in the vacation of said court within thirty days after the end of such term, or at a time at which the parties by consent entered of record at said term had agreed that they should be so signed, but were signed by the said judge at a subsequent term of said corporation court, the court is of opinion that the said writ of error was improvidently awarded.

It is therefore considered that the said writ of error be dismissed, and that the commonwealth recover of the plaintiff in error her costs by her about her defense herein expended. Which is ordered to be forthwith certified to the said corporation court of the city of Alexandria.

Writ of error dismissed.

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Bluebook (online)

59 S.E. 606, 107 Va. 846, 1907 Va. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midget-v-commonwealth-va-1907.