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CONDREY v. CHILDRESS

127 S.E.2d 150 (1962)

203 Va. 755

Bailey L. CONDREY, Attorney in Fact for the Heirs at Law of J. S. Childress, Deceased, v. Floyd S. CHILDRESS and Floyd S. Childress, Jr.

Supreme Court of Appeals of Virginia.

August 31, 1962.

Attorney(s) appearing for the Case

Kenneth I. Devore, Jay A. Price, Christiansburg, for plaintiff in error.

Arthur E. Smith, Evans B. Jessee, Carroll D. Rea, Roanoke, W. S. Roop, Allen Sowder, Christiansburg, for defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

SPRATLEY, Justice.

Floyd S. Childress and Floyd S. Childress, Jr., appellees, have moved to dismiss the writ of error granted in this case upon the ground that the record therein was not delivered to the Clerk of this Court at Richmond or Staunton or presented to a Justice within four months from the date of the final judgment of the trial court. Code of Virginia, 1950, § 8-489; Rule of Court 5:4.

Final judgment in this case, an action of unlawful detainer...

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