8.01-29 - Procedure in actions on annuity and installment bonds, and other actions for penalties for nonperformance.
§ 8.01-29. Procedure in actions on annuity and installment bonds, and otheractions for penalties for nonperformance.
In an action on an annuity bond, or a bond for money payable by installments,when there are further payments of the annuity, or further installments tobecome due after the commencement of the action, or in any other action for apenalty for the nonperformance of any condition, covenant, or agreement, theplaintiff may assign as many breaches as he may think fit, and shall, in hismotion for judgment assign the specific breaches for which the action isbrought. The jury impaneled in any such action shall ascertain the damagessustained, or the sum due, by reason of the breaches assigned, and judgmentshall be entered for the penalty, to be discharged by the payment of what isso ascertained, and such further sums as may be afterwards assessed. Motionmay be made by any person injured against the defendant and, for what may beassessed or found due upon the new breach or breaches assigned, execution maybe awarded.
(Code 1950, § 8-513; 1954, c. 333; 1977, c. 617.)