8.01-429 - Action of appellate court when there might be redress under § - Virginia Statutes

§ 8.01-429. Action of appellate court when there might be redress under §8.01-428.

No appeal shall be allowed by the Court of Appeals or the Supreme Court orany judge or justice thereof for any matter for which a judgment or decree isliable to be reversed or amended, on motion as aforesaid, by the court whichrendered it, or the judge thereof, until such motion is made and overruled inwhole or in part. And when the Court of Appeals or the Supreme Court hears acase on appeal, if it appears that, either before or since the appeal, thejudgment or decree has been so amended, the Court of Appeals or the SupremeCourt shall affirm the judgment or decree, unless there is other error. If itappears that the amendment ought to be, and has not been made, the Court ofAppeals or the Supreme Court may make such amendment, and affirm in likemanner the judgment or decree, unless there is other error.

(Code 1950, § 8-349; 1977, c. 617; 1984, c. 703.)