Virginia Code
Va. Code Ann. § 8.01-197 (2026)
In what name; when not to abate
✓ laws through the 2026 session (checked Sept. 2026)
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Any such action shall be in the name of the Commonwealth of Virginia except when it is on a bond payable to, or a contract made with, the Governor or some other person. And then it may be in the name of such Governor or other person for the use of the Commonwealth, notwithstanding such Governor or other person may have died, resigned, or been removed from office before the commencement of the action. And there shall be no abatement thereof, by reason of the death, resignation, or removal from office of any such plaintiff pending the action.
Code 1950, § 8-760; 1977, c. 617.
Notes of Decisions
Cited in 1
case, 1987–1987 · leading case: Commonwealth v. Millsaps, 352 S.E.2d 311 (Va. 1987).
Commonwealth v. Millsaps, 352 S.E.2d 311 (Va. 1987). “The Commonwealth instituted this civil action pursuant to Code § 8.01-197 to recover *313 for damage to its property, the police cruiser and the guardrail.”
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