{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-113.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-113.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-113.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-113.html"}],"law_id":65744,"edition_id":1,"section_id":65744,"structure_id":13176,"section_number":"16.1-113","catch_line":"How appeals tried","history":"1956, c. 555; 1980, c. 129; 1984, c. 38; 1988, c. 337.","full_text":"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 \u00a7\u00a7 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.","order_by":null,"text":{"0":{"id":238957,"text":"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 \u00a7\u00a7 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13176,"edition_id":1,"name":"Procedure in Civil Cases","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162399,"object_type":"structure","relational_id":13176,"identifier":"3","token":"16.1\/6\/3","url":"\/16.1\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73499,"structure_id":13176,"section_number":"16.1-100","catch_line":"Additional executions; by whom issued","url":"\/16.1-100\/","token":"16.1\/6\/3\/16.1-100","metadata":false},{"id":86974,"structure_id":13176,"section_number":"16.1-101","catch_line":"Proceedings against officer failing to make or making improper return","url":"\/16.1-101\/","token":"16.1\/6\/3\/16.1-101","metadata":false},{"id":86518,"structure_id":13176,"section_number":"16.1-102","catch_line":"Officers and sureties liable for money collected after return day","url":"\/16.1-102\/","token":"16.1\/6\/3\/16.1-102","metadata":false},{"id":78448,"structure_id":13176,"section_number":"16.1-103","catch_line":"Proceedings by interrogatories","url":"\/16.1-103\/","token":"16.1\/6\/3\/16.1-103","metadata":false},{"id":54194,"structure_id":13176,"section_number":"16.1-104","catch_line":"Repealed","url":"\/16.1-104\/","token":"16.1\/6\/3\/16.1-104","metadata":false},{"id":86498,"structure_id":13176,"section_number":"16.1-105","catch_line":"Attachments","url":"\/16.1-105\/","token":"16.1\/6\/3\/16.1-105","metadata":false},{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},{"id":77862,"structure_id":13176,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","url":"\/16.1-106.1\/","token":"16.1\/6\/3\/16.1-106.1","metadata":false},{"id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","metadata":false},{"id":67526,"structure_id":13176,"section_number":"16.1-108","catch_line":"Deposit of money in lieu of bond","url":"\/16.1-108\/","token":"16.1\/6\/3\/16.1-108","metadata":false},{"id":58518,"structure_id":13176,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","url":"\/16.1-109\/","token":"16.1\/6\/3\/16.1-109","metadata":false},{"id":71245,"structure_id":13176,"section_number":"16.1-110","catch_line":"Bankruptcy of appellant does not release surety","url":"\/16.1-110\/","token":"16.1\/6\/3\/16.1-110","metadata":false},{"id":78313,"structure_id":13176,"section_number":"16.1-111","catch_line":"Court to which appeal sent","url":"\/16.1-111\/","token":"16.1\/6\/3\/16.1-111","metadata":false},{"id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; 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to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; further proceedings","url":"\/16.1-112\/","token":"16.1\/6\/3\/16.1-112","metadata":false},"next_section":{"id":85944,"structure_id":13176,"section_number":"16.1-114","catch_line":"Repealed","url":"\/16.1-114\/","token":"16.1\/6\/3\/16.1-114","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-113\/","history_text":"

This law was first created in 1956. The record of its establishment is cataloged in chapter 555 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1956 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 129; in 1984, chapter 38; in 1988, chapter 337.<\/p>","references":[{"id":82793,"section_number":"17.1-213","catch_line":"Disposition of papers in ended cases","order_by":null,"url":"\/17.1-213\/"}],"refers_to":[{"id":69182,"section_number":"16.1-119","catch_line":"Proceedings to try title to property levied on under distress or execution","order_by":null,"url":"\/16.1-119\/"},{"id":62809,"section_number":"16.1-121","catch_line":"Order after hearing","order_by":null,"url":"\/16.1-121\/"}],"permalink":{"id":162457,"object_type":"law","relational_id":65744,"identifier":"16.1-113","token":"16.1\/6\/3\/16.1-113","url":"\/16.1-113\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-113\/","token":"16.1\/6\/3\/16.1-113","dublin_core":{"Title":"How appeals tried","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-113","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every such appeal<\/span> shall be tried by the court<\/span> in a summary way, or, if the amount in controversy exceeds fifty dollars, by a jury<\/span> if either party<\/span> requires it. All legal evidence<\/span> produced by either party<\/span> shall be heard, whether or not it was produced before the court<\/span> from which the appeal<\/span> is taken. If judgment<\/span> is recovered by the appellee<\/span>, execution shall issue<\/span> against the principal and his surety<\/span>, jointly or separately, for the amount of the judgment<\/span>, including interests and costs, with damages<\/span> on the aggregate at the rate of ten percent annually, from the date of that judgment<\/span> until payment, and for the costs of the appeal<\/span>; and the execution shall be endorsed “No security is to be taken.” If the decision is reversed, the party<\/span> substantially prevailing shall recover his costs and the order<\/span> or judgment<\/span> shall be made or given as ought to have been made or given by the judge<\/span> of the court<\/span> from which the appeal<\/span> was taken. When the appeal<\/span> is from an order<\/span> or judgment<\/span> under \u00a7\u00a7 16.1-119<\/a> through 16.1-121<\/a>, the court<\/span> shall enter such judgment<\/span> respecting the property, the expense of keeping it, and any injury done to it, as may be equitable<\/span> among the parties.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW APPEALS TRIED (\u00a7 16.1-113)\n\nEvery such appeal shall be tried by the court in a summary way, or, if the\namount in controversy exceeds fifty dollars, by a jury if either party requires\nit. All legal evidence produced by either party shall be heard, whether or not\nit was produced before the court from which the appeal is taken. If judgment is\nrecovered by the appellee, execution shall issue against the principal and his\nsurety, jointly or separately, for the amount of the judgment, including\ninterests and costs, with damages on the aggregate at the rate of ten percent\nannually, from the date of that judgment until payment, and for the costs of the\nappeal; and the execution shall be endorsed “No security is to be\ntaken.” If the decision is reversed, the party substantially prevailing\nshall recover his costs and the order or judgment shall be made or given as\nought to have been made or given by the judge of the court from which the appeal\nwas taken. When the appeal is from an order or judgment under \u00a7\u00a7 16.1-119\nthrough 16.1-121, the court shall enter such judgment respecting the property,\nthe expense of keeping it, and any injury done to it, as may be equitable among\nthe parties.\n\nHISTORY: 1956, c. 555; 1980, c. 129; 1984, c. 38; 1988, c. 337.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}