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THRASHER v. BURLAGE

Record No. 771279.

254 S.E.2d 64 (1979)

Daniel L. THRASHER, Jr., Executor of the Estate of Emma P. Thrasher, Deceased v. D. H. BURLAGE.

Supreme Court of Virginia.

April 20, 1979.

Attorney(s) appearing for the Case

Stanley G. Barr, Jr., Norfolk (Canoles, Mastracco, Martone, Barr & Russell, Norfolk, on brief), for plaintiff in error.

C. Clark Laster, III, Norfolk (Edwin C. Kellam, Kellam, Pickrell & Lawler, Norfolk, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF, and COMPTON, JJ.

PER CURIAM.

We do not reach the errors assigned by appellant, Daniel L. Thrasher, Jr., Executor of the Estate of Emma P. Thrasher, Deceased, because we have concluded that the writ must be dismissed for non-compliance with the Rules of Court.

In his motion to dismiss, appellee D. H. Burlage invokes Rules 5:35, 5:36, 5:37 and 5:48. The provisions of these Rules, applicable whenever an appeal is not to be heard on the original record, Rule 5:41, are plain and...

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