§ 8.01-29 — Procedure in actions on annuity and installment bonds, and other actions for penalties for nonperformance

Virginia § 8.01-29

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 3: ACTIONS
• Art. 2: ACTIONS ON CONTRACTS GENERALLY

Text

In an action on an annuity bond, or a bond for money payable by installments, when there are further payments of the annuity, or further installments to become due after the commencement of the action, or in any other action for a penalty for the nonperformance of any condition, covenant, or agreement, the plaintiff may assign as many breaches as he may think fit, and shall, in his motion for judgment assign the specific breaches for which the action is brought. The jury impaneled in any such action shall ascertain the damages sustained, or the sum due, by reason of the breaches assigned, and judgment shall be entered for the penalty, to be discharged by the payment of what is so ascertained, and such further sums as may be afterwards assessed. Motion may be made by any person injured against the defendant and, for what may be assessed or found due upon the new breach or breaches assigned, execution may be awarded.

Legislative History

Code 1950, § 8-513; 1954, c. 333; 1977, c. 617.