Every such appeal shall be tried by the court in a summary way, or, if the amount in controversy exceeds fifty dollars, by a jury if either party requires it. All legal evidence produced by either party shall be heard, whether or not it was produced before the court from which the appeal is taken. If judgment is recovered by the appellee, execution shall issue against the principal and his surety, jointly or separately, for the amount of the judgment, including interests and costs, with damages on the aggregate at the rate of ten percent annually, from the date of that judgment until payment, and for the costs of the appeal; and the execution shall be endorsed "No security is to be taken." If the decision is reversed, the party substantially prevailing shall recover his costs and the order or judgment shall be made or given as ought to have been made or given by the judge of the court from which the appeal was taken. When the appeal is from an order or judgment under §§ 16.1-119 through 16.1-121, the court shall enter such judgment respecting the property, the expense of keeping it, and any injury done to it, as may be equitable among the parties.
1956, c. 555; 1980, c. 129; 1984, c. 38; 1988, c. 337.
Notes of Decisions
Ragan v. Woodcroft Vill. Apts., 497 S.E.2d 740 (Va. 1998).
· cites it 8× “10, there shall be an appeal of right, if taken within ten days after such order or judgment, to a court of record.”
Burlington N. R.R. v. Woods, 480 U.S. 1 (1987).
“1986) (15% mandatory penalty regardless of stay); Va. Code § 16.1-113 (Supp. 1986) (10% mandatory penalty regardless of stay).”
K-B Corp. v. Gallagher, 237 S.E.2d 183 (Va. 1977).
· cites it 2× “e counterclaim, Central argues that there was no judgment in the district court from which to appeal or, alternatively, even if the court’s inaction was to be considered final as to the counterclaim and adverse to the defendant, then the appeal by plaintiff “removed” the whole…”
Nationwide Mut. Ins. Co. v. Tuttle, 155 S.E.2d 358 (Va. 1967).
· cites it 2× “Tuttle at variance with the provisions of the insurance policy in question; and (4) in allowing the 10% penalty to run from February 18, 1965, “contrary to the provisions of § 16.1-113 of the Code of Virginia, as amended, said interest as provided should have run from the date…”
Commonwealth v. Keel, 29 Va. Cir. 276 (Richmond County Cir. Ct. 1992).
· cites it 3× “) Section 16.1-113 adds that appeals “shall be tried .”
Sharp v. Comm'r, 75 T.C. 21 (Tax Ct. 1980).
“130 in that the award of damages is mandatory in the event the appeal is unsuccessful.”
Walter X. Slawski v. CW, DSS, DSCE, obo P. Sheehan, 514 S.E.2d 773 (Va. Ct. App. 1999).
· cites it 2× “2 See Code § 16.1-113. For these reasons, we hold that this matter is not fully reviewable, and we remand to the circuit court for entry of an order of confirmation, which necessarily includes a determination of the amount of any arrearages.”
Khan v. Washington, 74 Va. Cir. 95 (Alexandria Cir. Ct. 2007).
“Neither Plaintiff nor Defendant Nasim appealed the judgment in favor of Defendant Nasim. Additionally, Defendant Nasim argues he would be prejudiced by Plaintiffs request for an increase in the ad damnum clause.”
Leisge v. Leisge, 292 S.E.2d 352 (Va. 1982).
· cites it 6× “Stephen contends that Code § 16.1-113 1 governs the circuit court proceedings and requires the court to hear all evidence produced irrespective of whether the court from which the appeal was taken heard it.”
Stephen Moncrieffe v. Adam J. Deno, d/b/a Law Off. of Adam Deno (Va. Ct. App. 2023).
· cites it 6× “Deno further claims that the circuit court erred in awarding him post-judgment interest of 6%, rather than 10% under Code § 16.1-113. The proper interpretation of those code sections presents a question of law that we review de novo.”
Joseph v. Giant Food, Inc., 61 Va. Cir. 143 (2003).
· cites it 6× “Va. Code § 16.1-113 (emphasis supplied). The plain meaning of these code sections provides a plaintiff a new trial upon an appeal to the Circuit Court.”
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