When the application is made, on proof of notice and service of the copy of the petition as aforesaid, if the defendant fails to appear, or appearing fails to make defense, and the petition states a proper case for the writ, a peremptory writ shall be awarded with costs.

Terms Used In Virginia Code 8.01-646

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Code 1950, § 8-706; 1977, c. 617.

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