                                 CODE OF VIRGINIA

WHEN PLAINTIFF CLAIMS AS ASSIGNEE OR TRANSFEREE (§ 8.01-423)

If the plaintiff claims as assignee or transferee under a person with whom the
contract sued on was originally made, and the defendant&#8217;s claim exceeds
the plaintiff&#8217;s demand, the defendant:

1. In his counterclaim, may waive the benefit of his claim as to any excess
beyond the plaintiff&#8217;s claim, whereupon, the further proceedings shall be
upon the plaintiff&#8217;s claim and the defendant&#8217;s counterclaim as a
defense thereto; or

2. Instead of such waiver such defendant may, by rule issued by the court, to
which rule shall be attached a copy of the counterclaim and served on the
person, under whom plaintiff claims as aforesaid, make such person a party to
the action; and, on the trial of the case, the jury shall ascertain and apply,
the amount and interest to which the defendant is entitled; and, for any excess
beyond the plaintiff&#8217;s demand for which such person under whom the
plaintiff claims as aforesaid is liable, with such interest as the court or jury
allows, judgment shall be rendered for the defendant against such person.

HISTORY: Code 1950, § 8-246; 1954, c. 619; 1977, c. 617.