DALE v. FIDELITY & CASUALTY COMPANY OF NEW YORK


127 S.E.2d 153 (1962)

203 Va. 665

Richard B. DALE v. The FIDELITY & CASUALTY COMPANY OF NEW YORK and Lamberts Point Docks, Inc.

Supreme Court of Appeals of Virginia.

August 31, 1962.


Attorney(s) appearing for the Case

George E. Allen, Richmond (Allan S. Reynolds, Norfolk, Allen, Allen, Allen & Allen, Richmond, White, Ryan & Reynolds, Norfolk, on the brief), for appellant.

Lawson Worrell, Jr., William T. Prince, Norfolk (Williams, Cocke, Worrell & Kelly, Norfolk, on the brief), for appellees.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD and CARRICO, JJ.


EGGLESTON, Chief Justice.

This is an appeal from a decree permanently enjoining and restraining the appellant, Richard B. Dale, from taking the testimony of certain witnesses before a commissioner in chancery, pursuant to Code, § 8-317, with respect to an accident in which the appellant had theretofore been injured.

The bill for the injunction alleged that the appellant had filed a petition, addressed to a commissioner in chancery of the lower court,...

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