                                 CODE OF VIRGINIA

WHEN PETITION DISMISSED; WHEN RETAINED AND CAUSE TRIED (§ 8.01-569)

If the principal defendant has not appeared generally, nor been served with
process, and the sole ground of jurisdiction of the court is the right to sue
out the attachment, and this right be decided against the plaintiff, the
petition shall be dismissed at the cost of the plaintiff; but if the
plaintiff&#8217;s claim be due at the hearing, and the court would otherwise
have jurisdiction of an action against such defendant for the cause set forth in
the petition, and such defendant has appeared generally, or been served with
process, it shall retain the cause and proceed to final judgment as in other
actions at law.

HISTORY: Code 1950, § 8-557; 1977, c. 617.