Summary
In Oliver v. Com., 163 Va. 347, 175 S.E. 864, the writ of error was dismissed because the petition failed to comply with subsection (b) of Rule II.
Summary of this case from Harris v. HarrisOpinion
36788
September 20, 1934
Present, Campbell, C.J., and Holt, Epes, Hudgins, Browning and Chinn, JJ.
1. APPEAL AND ERROR — Statement of Pertinent Facts by Applicant — Dismissal for Failure to Make — Case at Bar. — In the instant case the Commonwealth moved to dismiss the writ of error because the appellants had not complied with subsection (b) of Rule II of the Supreme Court of Appeals, which requires an appellant or plaintiff in error to include in his petition for a writ, or in his brief, a concise and fair abstract or statement of all the pertinent facts in the case, those which are controverted as well as those which are conceded.
Held: That the writ of error should be dismissed for not conforming to this rule.
2. RULES OF COURT — Rules Must Be Adhered to — Case at Bar. — The rules of the court have a salutary purpose, and their requirements must be adhered to. It was perfectly patent that the petition in the instant case did not conform to subsection (b) of Rule II of the rules of court; therefore, the petition was dismissed as improvidently awarded.
Error to a judgment of the Hustings Court of the city of Roanoke. Judgment for the Commonwealth. Defendants assign error.
Dismissed.
The opinion states the case.
Raye O. Lawson and Frank Coleman, for the plaintiffs in error.
Abram P. Staples, Attorney-General, and Edwin H. Gibson, Assistant Attorney-General, for the Commonwealth.
The Commonwealth of Virginia moved to dismiss the writ of error in this case because the appellants have not complied with subsection (b) of Rule II of this court, which requires an appellant or plaintiff in error to include in his petition for a writ, or in his brief, a concise and fair abstract or statement of all the pertinent facts in the case, those which are controverted as well as those which are conceded. We are thus brought to a consideration of this point.
The rules of the court have a salutary purpose, and their requirements must be adhered to. It is perfectly patent that the petition in this case does not conform to the rule in the respect mentioned and accordingly it is our duty to dismiss the writ heretofore granted as improvidently awarded, which we do.
Dismissed.