CHAPTER 66

AN ACT to amend and reenact § 8-88 of the Code of 1950, relat
ing to venue, so as to provide therefor in cases involving
certain policies of insurance.

{H 156_
Approved February 27, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 8-38 of the Code of 1950 be amended and reenacte
as follows:

§ 8-38. Venue generally.—Any action at law or suit i
equity, except where it is otherwise especially provided, ma
be brought in any county or corporation:

(1) Wherein any of the defendants may reside;

(2) If a corporation be a defendant, wherein its princips
office is, or wherein its mayor, rector, president, or other chie
officer resides;

(3) If it be to recover a loss under a policy of insuranc
either upon property or life, wherein (a) the property insure
was situated at the date of the policy, or (b) the person whos
life was insured resided at the date of his death or at the date
of the policy;

(Sa) If it be to recover indemnity under a policy of accident
and health insurance, either or both, wherein (a) the poltcy-
holder resided at the time of the happening for which indemnity
is sought, or (b) where the policyholder resided at the date of
the policy;

(4) If it be to recover land or to subject it to a debt,
wherein such land or part of it may be;

(5) If it be a suit to construe a will or for the direction of
the court in the administration of the estate of a deceased per-
son, or a suit or action against a personal representative, curator,
committee, guardian or other fiduciary, in the county or -corpo-
ration wherein the will was admitted to probate, or such fiduci-
ary qualified ;

(6) If it be against a foreign corporation, wherein its statu-
tory agent resides, or has any estate or debts owing to it within
this State;

(7) If it be against a defendant who resides without this
State, wherein he may be found and served with process, or
may have estate or debts due him, provided that nothing con-
tained in this section shall be so construed as to permit the join-
ing of a domestic corporation or resident individual as co-
defendant with a foreign corporation or nonresident individual
in a jurisdiction where such domestic corporation or resident
individual could not be sued;

(8) If it be on behalf of the Commonwealth, whether in the
name of the Attorney General or otherwise, it may be in the city
of Richmond;

(9) If it be an action or a suit in which it is necessary or
proper to make any of the following public officers a party de-
fendant, to wit, the Governor, Attorney General, State Treas-
urer, Secretary of the Commonwealth, Comptroller, Superin-
tendent of Public Instruction, or Commissioner of Agriculture
and Immigration; or in which it may be necessary or proper to
make a party defendant the State Board of Education, or other
public corporation composed of officers of government, of the
funds and property of which the Commonwealth is sole owner;
or in which it shall be attempted to enjoin or otherwise suspend
or affect any judgment or decree on behalf of the Common-
wealth, or any execution issued on such judgment or decree, it
shall be only in the city of Richmond; and

( 10) If any judge of a circuit or corporation court be in-
terested in a case which, but for such interest would be proper
for the jurisdiction of his court, the action or suit may be
brought in any court in an adjoining circuit or corporation.
Any such action or suit brought in any county or corporation
within the territorial limits of the jurisdiction of such judge
shall, on motion of any party thereto, be removed to the circuit
or corporation court of a county or corporation in an adjoining
circuit.