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 | 1904 |
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Law Number | 52 |
Subjects |
Law Body
Chap. 52.—An ACT to amend and re-enact section 2981 of the Code, empowering
judges of circuit and corporation courts to hear testimony and quash attach-
ments in vacation upon reasonable notice.
Approved March 8, 1904.
1. Be it enacted by the general assembly of Virginia, That section
twenty-nine hundred and eighty-one of the Code of Virginia, eighteen
hundred and eighty-seven, be amended and re-enacted so as to read as
follows:
§ 2981. What defence may be made; when motion to quash heard;
judgment of court on the merits—The right to sue out any such attach-
ment may be contested; and when the court is of opinion that it was
issued on false suggestions, or without sufficient cause, judgment shall
be entered that it be abated. If the attachment be returnable to a cir-
cuit or corporation court, the judge thereof may, in vacation, either
before or at any time after it has been returned, on the motion of any
one or more of the persons mentioned in the preceding section, upon
reasonable notice of the motion to the attaching creditor, hear testimony
and quash the attachment, if of the opinion that it is invalid on its face,
or was issued on false suggestions, or without sufficient cause. When
the attachment is properly sued out, and the case is heard upon its
merits, if the court be of opinion that the claim of the plaintiff is not
established, final judgment shall be given for the defendant. In either
case he shall recover his costs, and there shall be an order for the resto-
ration of the attached effects to him.