CHAPTER 426

An Act to amend and reenact § 8-511, as amended, of the Code of Virginia,

relating to giving of judgment on contract in certain cases.
[S 130]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

1. That § 8-511, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 8-511. In any action at law on a contract, express or implied, for
the payment of money, if the plaintiff file with his motion for judgment
or civil warrant 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 plaintiff claims in-
terest, and if a copy of such affidavit together with a copy of any account
filed with the motion for judgment pursuant to the provisions of the
preceding section, shall have been served on the defendant at the time a
copy of the motion for judgment is so served, * he shall be entitled to
a judgment on such affidavit and statement of account without further
evidence unless the defendant appears and pleads under oath denying
that the plaintiff is entitled to recover from the defendant on such claim,
in which event plaintiff shall, on motion, be granted a continuance. If * the
defendant’s plea admits that the plaintiff is entitled to recover from the
defendant a sum certain less than that stated in the affidavit filed by the
plaintiff, judgment may be taken by the plaintiff for the sum so admitted
to be due, and the case be tried as to the residue.