16.1-113 - How appeals tried. - Virginia Statutes

§ 16.1-113. How appeals tried.

Every such appeal shall be tried by the court in a summary way, or, if theamount in controversy exceeds fifty dollars, by a jury if either partyrequires it. All legal evidence produced by either party shall be heard,whether or not it was produced before the court from which the appeal istaken. If judgment is recovered by the appellee, execution shall issueagainst the principal and his surety, jointly or separately, for the amountof the judgment, including interests and costs, with damages on the aggregateat the rate of ten percent annually, from the date of that judgment untilpayment, 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 partysubstantially prevailing shall recover his costs and the order or judgmentshall be made or given as ought to have been made or given by the judge ofthe court from which the appeal was taken. When the appeal is from an orderor judgment under §§ 16.1-119 through 16.1-121, the court shall enter suchjudgment respecting the property, the expense of keeping it, and any injurydone to it, as may be equitable among the parties.

(1956, c. 555; 1980, c. 129; 1984, c. 38; 1988, c. 337.)