Edward Douglass White, Norfolk Suburban Turnpike Company v…
“ Thus, although the supreme court of appeals of Virginia denied a writ of error to the circuit court because it was of the opinion that the order of the lower court was 'plainly right,' it does not affirmatively appear whether, by this action, the court was merely declining to take jurisdiction of the case, or in effect was asserting jurisdiction and disposing of the case upon the merits by giving the sanction of an affirmance of the judgment of the trial court. ”
