United Virginia Bank v. First & Merchants Nat. Bank

Richmond County Circuit Court

United Virginia Bank v. First & Merchants Nat. Bank

2 Va. Cir. 438, 1975 Va. Cir. LEXIS 8

CourtRichmond County Circuit Court

DecidedJune 18, 1975

DocketCase No. 6047

StatusPublished

This text of 2 Va. Cir. 438 (United Virginia Bank v. First & Merchants Nat. Bank) is published on Counsel Stack Legal Research, covering Richmond County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United Virginia Bank v. First & Merchants Nat. Bank, 2 Va. Cir. 438, 1975 Va. Cir. LEXIS 8 (Va. Super. Ct. 1975).

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Opinion

By JUDGE RICHARD L. WILLIAMS

After further consideration of this matter, I have concluded that the defendant's motion to dismiss for improper transfer puts this court in a position of having to exercise appellate jurisdiction over the Corporation Court of the City of Alexandria (now Circuit Court), an authority which we do not have.

Under § 8-157(a) of the Code of Virginia, 1950, as amended, this action was transferred to our court by Judge Wright after proper notice and a hearing. As I read subsection (a), the receiving judge has no authority to review the action of the transferring judge where the transfer is inter-circuit. The reverse seems to be true under subsection (b) where the transfer is intra-circuit. While the statute is titled removal, in application it seems to effect a transfer. Such a result is at least partially consistent with a definition of remove "in law" to transfer, as a cause, from one court to another by appeal or by change of venue.

For the above reason, the motion to dismiss for improper transfer is denied.

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By JUDGE RICHARD L. WILLIAMS

After further consideration of this matter, I have concluded that the defendant's motion to dismiss for improper transfer puts this court in a position of having to exercise appellate jurisdiction over the Corporation Court of the City of Alexandria (now Circuit Court), an authority which we do not have.

Under § 8-157(a) of the Code of Virginia, 1950, as amended, this action was transferred to our court by Judge Wright after proper notice and a hearing. As I read subsection (a), the receiving judge has no authority to review the action of the transferring judge where the transfer is inter-circuit. The reverse seems to be true under subsection (b) where the transfer is intra-circuit. While the statute is titled removal, in application it seems to effect a transfer. Such a result is at least partially consistent with a definition of remove "in law" to transfer, as a cause, from one court to another by appeal or by change of venue.

For the above reason, the motion to dismiss for improper transfer is denied.

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Bluebook (online)

2 Va. Cir. 438, 1975 Va. Cir. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-virginia-bank-v-first-merchants-nat-bank-vaccrichmondcty-1975.