8.01-159 - When court to assess damages.
§ 8.01-159. When court to assess damages.
If there be no issue of fact tried in the cause, and judgment is to berendered for the plaintiff on demurrer, or otherwise, such damages shall beassessed by the court, unless either party shall move to have them assessedby a jury, or the court shall think proper to have them so assessed, in whichcase a jury shall be impaneled to assess them. If the defendant is in defaultthe court shall proceed to render judgment and assess damages as provided inRule of Court 3:19.
(Code 1950, § 8-828; 1954, c. 333; 1977, c. 617.)