CHAPTER 610

An Act to amend and reenact §§ 8-510 and 8-511 of the Code of Virginia,
relating, respectively, to when an account is to be filed with the
plaintiff's declaration, and when judgment is to be given in assumpsit
unless defendant files an affidavit denying a claim, and to repeal §§
8-846, 8-720, and 8-721 of the Code of Virginia, relating, respectively,
to the cases in which inquiry of damages is unnecessary, the cases in
which an account shall be filed, and the effect of filing an affidavit
when a contract is sued on.

fH 843]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 8-510 and 8-511 of the Code of Virginia be amended and
reenacted, as follows:

§ 8-510. In every action * upon an account, the plaintiff shall file
with his * motion for judgment an account stating distinctly the several
items of his claim, unless they be plainly described in the * motion for
judgment.

§ 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 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 interest,
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, no plea in bar or defense
to the merits shall be received * unless * accompanied by the affidavit of *
the defendant or his agent, stating that the plaintiff is not entitled, as the
affiant verily believes, to recover anything from the defendant on such
claim, or stating a sum certain less than that set forth in the affidavit
filed by the plaintiff which, as the affiant verily believes, is all * the plain-
tiff is entitled to recover from the defendant on such claim. If no such *
pleading and accompanying affidavit be * filed by the defendant, * the
plaintiff, on motion made in open court, shall be entitled to a judgment for
the amount claimed in the affidavit filed * as aforesaid with the motion for
judgment and no further proof of the plaintiff’s claim shall be necessary.
If such * pleading and affidavit be filed and the affidavit 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.

2. §8§ 8-346, 8-720, and 8-721 of the Code of Virginia are repealed.
An Act to amend and reenact § 8-244 of the Code of Virginia, relating
to the effect of a defendant claiming a setoff. tH 845]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

aa That § 8-244 of the Code of Virginia be amended and reenacted as
ollows:

§ 8-244. A defendant who * pleads a counterclaim or cross-claim
shall be deemed to have brought an action at the time * he files such *
pleading, provided that if the subject matter of the counterclaim arises
out of the same transaction or occurrence upon which the plaintiff's claim
is based, the statute of limitations with respect to such counterclaim shall
be tolled by the commencement of the plaintiff's action. In such case the
plaintiff shall not, after the * counterclaim is filed, dismiss his case with-
out the defendant’s consent. *