                                 CODE OF VIRGINIA

ACTION OF APPELLATE COURT WHEN THERE MIGHT BE REDRESS UNDER § 8.01-428 (§
8.01-429)

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

HISTORY: Code 1950, § 8-349; 1977, c. 617; 1984, c. 703.