An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1916 |
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Law Number | 443 |
Subjects |
Law Body
CHAP. 443.—An ACT to amend and re-enact section 3211 of the Code of
Virginia, as amended by an act entitled an act to amend and re-enact
section 3211 of the Code, providing for the recovery by motions, after
fifteen days’ notice on contracts to recover money or to recover dam-
ages; when notice to be returned to the clerk’s office; provisions to
prevent discontinuance of motion, approved March 14, 1912, as
amended by an act entitled an act to amend and re-enact section 3211
of the Code of Virginia, as amended, approved February 27, 1914.
(S. B. 229.
Approved March 21, 1916.
1. Be it enacted by the general assembly of Virginia, That
section thirty-two hundred and eleven of the Code of Virginia.
as amended by an act approved March fourteenth, nineteen hun-
dred and twelve, and further amended by an act approved Feb-
ruary twenty-seventh, nineteen hundred and fourteen, be fur-
ther amended and re-enacted so as to read as follows:
Section 3211. Remedy by motion after fifteen days’ notice
on contracts; or for damages for the breach thereof or founded
thereon; or for damages for a tort; or for the recovery of speci-
fic personal property, or damages in lieu thereof; or for the re-
covery of a statutory penalty; when notice to be returned to
clerk’s office; rules applicable thereto; when no plea in bar to
be received or formal motion in open court made, unless de-
fendant file with plea affidavit denying plaintiff’s claim, but
judgment given therefor.
Any person entitled to recover money by action on any con-
tract, or to recover damages founded upon any contract, or for
the breach thereof, or to recover damages for any tort, or to
recover specific personal property, or to recover damages in lieu
thereof, or to recover any statutory penalty, or to recover dam-
ages in any action at law, may on motion before any court which
would have jurisdiction obtain judgment for such money, dam-
ages, penalty or specific personal property, or damages in lieu
thereof, after fifteen days’ notice, which notice shall be returned
to the clerk’s office of such court within five days after the serv-
ing of the same and after such fifteen days’ notice the motion
shall be docketed, provided that when the notice of motion is
brought under section thirty-two hundred and fifteen of the
Code of Virginia the same shall not be served in any other
ecunty or corporation except in such cases as are specified in
section thirty-two hundred and twenty of the Code. If both
damages and a penalty are recoverable in a single action under
section twenty-nine hundred of the Code of Virginia, as amended
by an act of March twenty-eighth, nineteen hundred and two,
they may be recovered on a single motion under this section,
pr>vided that in such cases as are mentioned in section thirty-
two hundred and twenty-seven of the Code of Virginia, the
notice shall be served twenty-five days before the day set for
the motion. In the case of a motion for judgment upon any
contract which under the rules of pleading an action of assump-
sit would lie, if the plaintiff shall file with his notice and serve
the defendant at the same time and in the same manner as the
notice is served with a copy, certified by the clerk of the court
to which the notice is returnable, of the account on which the
motion is made, stating distinctly the several items of his claim
and the aggregate amount thereof, and the time from which he
claims interest thereon and the credits, if any, to which the de-
fendant may be entitled or shall incorporate such account in his
notice as an integral part thereof and if the plaintiff file with
his notice an affidavit made by himself or his agent, stating
therein to the best of the affiant’s belief the amount of the
plaintiff’s claim, that such amount is justly due, and the time
from which the plaintiff claims interest, and shall state in his
notice that such affidavit is filed with the notice no plea in bar
shall be received in the case, unless the defendant file with
his plea the affidavit of himself or his agent, that the plaintiff 1s
not entitled, as the affiant verily believes, to recover anything
from the defendant, on such claim, or stating a sum certain less
than that set forth in the affidavit filed by the plaintiff, which,
as the affiant verily believes, is all that the plaintiff is entitled to
recover from the defendant, on such claim. If such plea and
affidavit be not filed by the defendant, no formal motion in
open court, shall be necessary, but judgment shall be for the
plaintiff for the amount claimed in the affidavit filed with his
notice, and shall be entered by the clerk as of the day on which
the notice is returnable, and become final upon the adjournment
of the term, or the fifteenth day thereof, whichever shall hap-
pen first. If such plea and affidavit be filed and the affidavit ad-
mits that the plaintiff is entitled to recover from the defendant
a sum certain less than that stated in the affidavit by the plain-
iff, judgment may be taken by the plaintiff for the sum so ad-
mitted to be due, and the case be tried as to the residue.
Any person, other than the plaintiff or defendant, making
an affidavit under this section shal] be deemed to be an agent
of the plaintiff or defendant as the case may be until a contrary
is made to appear.
And upon any motion under this act the same rules shall
apply with reference to amendments, bills of particulars and
grounds of defense as are now applicable in actions at common
aw. :
2. All acts or parts of acts inconsistent with this act are
hereby repealed. Nothing in this act shall apply to notices of
motion for judgment served and not tried before this act shall
go into effect.