{"law_id":"792173","section_number":"8.01-569","catch_line":"When petition dismissed; when retained and cause tried","history":"Code 1950, \u00a7 8-557; 1977, c. 617.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/8.01-569\/","refers_to":false,"url":"\/8.01-569\/","token":"8.01\/20\/3\/8.01-569","structure":{"1":{"id":"1549","name":"Subsequent Proceedings Generally","identifier":"3","label":"article","url":"\/8.01\/20\/3\/"},"2":{"id":"1548","name":"Attachments And Bail In Civil Cases","identifier":"20","label":"chapter","url":"\/8.01\/20\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"referred_to_by":[{"id":"787164","section_number":"8.01-546.2","catch_line":"Hearing on claim of exemption from levy or seizure","url":"\/8.01-546.2\/"}],"edition_id":"11","section_id":"792173","structure_id":"1549","full_text":"If the principal defendant has not appeared generally, nor been served with process, and the sole ground of jurisdiction of the court is the right to sue out the attachment, and this right be decided against the plaintiff, the petition shall be dismissed at the cost of the plaintiff; but if the plaintiff’s claim be due at the hearing, and the court would otherwise have jurisdiction of an action against such defendant for the cause set forth in the petition, and such defendant has appeared generally, or been served with process, it shall retain the cause and proceed to final judgment as in other actions at law.","text":{"0":{"id":"2556528","text":"If the principal defendant has not appeared generally, nor been served with process, and the sole ground of jurisdiction of the court is the right to sue out the attachment, and this right be decided against the plaintiff, the petition shall be dismissed at the cost of the plaintiff; but if the plaintiff’s claim be due at the hearing, and the court would otherwise have jurisdiction of an action against such defendant for the cause set forth in the petition, and such defendant has appeared generally, or been served with process, it shall retain the cause and proceed to final judgment as in other actions at law.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"1549","name":"Subsequent Proceedings Generally","identifier":"3","label":"article","url":"\/8.01\/20\/3\/"},"2":{"id":"1548","name":"Attachments And Bail In Civil Cases","identifier":"20","label":"chapter","url":"\/8.01\/20\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"structure_contents":{"0":{"id":"766563","structure_id":"1549","section_number":"8.01-560","catch_line":"How interest and profits of property applied in certain cases","url":"\/8.01-560\/","token":"8.01\/20\/3\/8.01-560"},"1":{"id":"794877","structure_id":"1549","section_number":"8.01-561","catch_line":"How property to be kept; how sold, when expensive to keep or perishable","url":"\/8.01-561\/","token":"8.01\/20\/3\/8.01-561"},"2":{"id":"777326","structure_id":"1549","section_number":"8.01-562","catch_line":"Examination on oath of codefendant; order and bond","url":"\/8.01-562\/","token":"8.01\/20\/3\/8.01-562"},"3":{"id":"796661","structure_id":"1549","section_number":"8.01-563","catch_line":"Principal defendant may claim exemption","url":"\/8.01-563\/","token":"8.01\/20\/3\/8.01-563"},"4":{"id":"790289","structure_id":"1549","section_number":"8.01-564","catch_line":"Procedure when codefendant fails to appear","url":"\/8.01-564\/","token":"8.01\/20\/3\/8.01-564"},"5":{"id":"795775","structure_id":"1549","section_number":"8.01-565","catch_line":"Suggestion that codefendant has not made full disclosure","url":"\/8.01-565\/","token":"8.01\/20\/3\/8.01-565"},"6":{"id":"774437","structure_id":"1549","section_number":"8.01-566","catch_line":"Who may make defense to attachment","url":"\/8.01-566\/","token":"8.01\/20\/3\/8.01-566"},"7":{"id":"796284","structure_id":"1549","section_number":"8.01-567","catch_line":"What defense may be made to attachments","url":"\/8.01-567\/","token":"8.01\/20\/3\/8.01-567"},"8":{"id":"792922","structure_id":"1549","section_number":"8.01-568","catch_line":"Quashing attachment or rendering judgment for defendant","url":"\/8.01-568\/","token":"8.01\/20\/3\/8.01-568"},"9":{"id":"792173","structure_id":"1549","section_number":"8.01-569","catch_line":"When petition dismissed; when retained and cause tried","url":"\/8.01-569\/","token":"8.01\/20\/3\/8.01-569"},"10":{"id":"767494","structure_id":"1549","section_number":"8.01-570","catch_line":"Judgment, etc., of court when claim of plaintiff established","url":"\/8.01-570\/","token":"8.01\/20\/3\/8.01-570"},"11":{"id":"780399","structure_id":"1549","section_number":"8.01-571","catch_line":"When defendant not served fails to appear plaintiff required to give bond","url":"\/8.01-571\/","token":"8.01\/20\/3\/8.01-571"},"12":{"id":"770424","structure_id":"1549","section_number":"8.01-572","catch_line":"Sale of real estate attached","url":"\/8.01-572\/","token":"8.01\/20\/3\/8.01-572"},"13":{"id":"772605","structure_id":"1549","section_number":"8.01-573","catch_line":"How and when claims of other persons to property tried","url":"\/8.01-573\/","token":"8.01\/20\/3\/8.01-573"},"14":{"id":"775121","structure_id":"1549","section_number":"8.01-574","catch_line":"Attachments in connection with pending suits or actions","url":"\/8.01-574\/","token":"8.01\/20\/3\/8.01-574"},"15":{"id":"793789","structure_id":"1549","section_number":"8.01-575","catch_line":"Rehearing permitted when judgment rendered on publication","url":"\/8.01-575\/","token":"8.01\/20\/3\/8.01-575"},"16":{"id":"772549","structure_id":"1549","section_number":"8.01-576","catch_line":"Order of court on rehearing or new trial; restitution to defendant","url":"\/8.01-576\/","token":"8.01\/20\/3\/8.01-576"}},"previous_section":{"id":"792922","structure_id":"1549","section_number":"8.01-568","catch_line":"Quashing attachment or rendering judgment for defendant","url":"\/8.01-568\/","token":"8.01\/20\/3\/8.01-568"},"next_section":{"id":"767494","structure_id":"1549","section_number":"8.01-570","catch_line":"Judgment, etc., of court when claim of plaintiff established","url":"\/8.01-570\/","token":"8.01\/20\/3\/8.01-570"},"references":false,"formats":{"txt":"\/8.01-569.txt","json":"\/8.01-569.json","xml":"\/8.01-569.xml"},"dublin_core":{"Title":"When petition dismissed; when retained and cause tried","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-569","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nWHEN PETITION DISMISSED; WHEN RETAINED AND CAUSE TRIED (\u00a7 8.01-569)\n\nIf the principal defendant has not appeared generally, nor been served with\nprocess, and the sole ground of jurisdiction of the court is the right to sue\nout the attachment, and this right be decided against the plaintiff, the\npetition shall be dismissed at the cost of the plaintiff; but if the\nplaintiff’s claim be due at the hearing, and the court would otherwise\nhave jurisdiction of an action against such defendant for the cause set forth in\nthe petition, and such defendant has appeared generally, or been served with\nprocess, it shall retain the cause and proceed to final judgment as in other\nactions at law.\n\nHISTORY: Code 1950, \u00a7 8-557; 1977, c. 617."}