Chap. 240.—An ACT to amend and re-enact section 6128 of the Code of Vir-
ginia, as to the effect of an answer as evidence. [S B 103]

Approved March 24, 1930

I. Be it enacted by the general assembly of Virginia, That section
sixty-one hundred and twenty-eight of the Code of Virginia, be
amended and re-enacted so as to read as follows:

Section 6128. Unless a complainant in a suit in equity shall, in his
bill, request an answer or answer under oath to certain specified inter-
rogatories, the answer of the defendant, though under oath, shall not
be evidence in his favor, unless the cause be heard upon bill and answer
only; but may, nevertheless, be used as an affidavit with the same ef-
fect as heretofore upon a motion to grant or dissolve any injunction,
or upon any other incidental motion in the cause; but this shall not
apply to either pure bills of discovery or what are known as mixed
bills of discovery, and shall not prevent a defendant from testifying
in his own behalf, where he would otherwise be a competent witness.