                                 CODE OF VIRGINIA

HOW APPEALS TRIED (§ 16.1-113)

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 &#8220;No security is to be
taken.&#8221; 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.

HISTORY: 1956, c. 555; 1980, c. 129; 1984, c. 38; 1988, c. 337.