Chap. 634.—An ACT to allow a remedy by motion for judgment in the county
court, after ten days’ notice, whenever a person is entitled to recover money or
specific personal property, by action in the circuit court or by warrant before a
justice of the peace, where the claim exceeds twenty dollars and does not ex-
ceed one hundred dollars, exclusive of interest.

Approved March 1, 1898.

1. Be it enacted by the general assembly of Virginia, That any per-
son entitled to recover money or specific personal property, by action in
the circuit court, or by warrant before a justice of the peace, where the
amount or the thing claimed exceeds in value twenty dollars and does
not exceed one hundred dollars, exclusive of interest, may, on motion
before the county court of the county in which a warrant might be
brought under existing law, obtain judgment for such money or for such
specific personal property after ten days’ notice, which notice shall be
returnable to the first day of the next term, and shall, upon being
proved, be docketed. Such motion shall not be discontinued by reason
of no order of continuance being entered in it from day to day or from
term to term.

2. In the case of a motion for a judgment under this act on any con-
tract upon which, under the rules of pleading, an action of assumpsit
would lie in the circuit court, if the plaintiff shall serve the defendant
at the same time and in the same manner as the notice is served, with a
copy of the account on which the motion is to be made, stating distinctly
the several items of his claim, and the aygregate amount thereof, and
the time from which he claims interest thereon, and the credits, if any,
to which the defendant may be entitled; and if the plaintiff shall file
with his notice an affidavit, made by himself or his agent, stating therein
to the best of affiant’s belief the amount of the plaintiff’s claim, and
that such amount is justly due; and the time from which the plaintiff
claims interest, judgment shall be rendered by the court in which the
motion is made for the plaintiff for the amount with interest claimed in
the affidavit filed with his notice, unless the defendant shall allege on
oath of himself or his agent that the plaintiff is not entitled, as the
affiant verily believes, to recover anything from the defendant on such
claims; or state, on such oath, 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 the defendant shall admit that the plaintiff is entitled to re-
cover from the defendant a sum certain, less than the amount stated in
the affidavit filed by the plaintiff, judgment may be taken by the plain-
tiff for the sum admitted to be due, and the case be tried as to the resi-
due.

3. The provisions of section three thousand two hundred and twelve
and section three thousand two hundred and thirteen shall apply to this
act.

4, This act shall not be construed as affecting any existing remedies
by action, or notice, or by warrant before courts of record or before jus-
tices of the peace.

5. Either party may take an appeal from the county court to the cir-
cult court in the same manner that an appeal may be taken from the
judgment of a county court upon a warrant removed from a justice.

6. This act shall be in force from its passage.