84 Va. 159 | Va. | 1887
delivered the opixiion of the court.
In September, 1882, the plaintiff ixi error instituted axx action of ejectxnexxt against the defendant, ixx the count}' court of Loudouxx county, to recover the tract of land in controversy. At the Apx’il term of said coux't, 1883, the action was tried, axid a verdict rendered for the plaintiff ixx the action for the tx’act of land in controversy. The defendant moved the court to set aside the said verdict, axid grant him a xxew trial. The ground upon which this motion is based, is not stated in the record, bxxt it was overruled by the court, aixd judgment rendered upon the said verdict. Whereupon the defendant excepted, axxd the evidence is certified by the court, but there is xxo certificate that the bill of exceptions contained all the evidexxce; the bill of exceptions setting forth that certain evidexice was offered oxx the part of the plaintiff, and eertaixi other evidexice oxi the part of the defendant. Whereupon the defendant applied for and obtained a writ of error to the circuit court of said county. Upon the hearing in the circuit court the judgment of the county court was reversed, by order entered therein. The plaintiff in error thereupon brought the case here by writ of error. There was no opinion filed by the circuit court, and there is no argument in this court by the counsel for the defendant in error; and tlxe case must be considered here upon the record as inade in the county court. The judgment of that court, must be presumed to be right, unless there be error apparent upon the record, or unless error is made to appear thereto by exception duly taken.
In a case like this, where a jury has heard the evidence and rendered a verdict, it is well settled, says Mr. Barton, (L. Pr. 219,) that the bill of exceptions must state the facts proven,
Here, we have the motion made and overruled. This may or may not have been erroneous. The bill of exceptions states that the “following was put in evidence by the plaintiff, and
, The judgment of the said circuit court herein will therefore be reversed, and the judgment of the county court affirmed.
Judgment oe circuit court reversed and judgment oe COUNTY COURT AEEIRMED.