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8.01-322 - Within what time case reheard on petition of party served by publication, and any injustice corrected.

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§ 8.01-322. Within what time case reheard on petition of party served bypublication, and any injustice corrected.If a party against whom service by publication is had under this chapter didnot appear before the date of judgment against him, then such party or hisrepresentative may petition to have the case reheard, may plead or answer,and may have any injustice in the proceeding corrected within the followingtime and not after:1. Within two years after the rendition of such judgment, decree or order; but2. If the party has been served with a copy of such judgment, decree, ororder more than a year before the end of such two-year period, then withinone year of such service.For the purpose of subdivision 2 of this section, service may be made in anymanner provided in this chapter except by order of publication, but includingpersonal or substituted service on the party to be served, and personalservice out of the Commonwealth by any person of eighteen years or older andwho is not a party or otherwise interested in the subject matter incontroversy.(Code 1950, § 8-78; 1977, c. 617.)
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  • § 8.01-322. Within what time case reheard on petition of party served bypublication, and any injustice corrected.

    If a party against whom service by publication is had under this chapter didnot appear before the date of judgment against him, then such party or hisrepresentative may petition to have the case reheard, may plead or answer,and may have any injustice in the proceeding corrected within the followingtime and not after:

    1. Within two years after the rendition of such judgment, decree or order; but

    2. If the party has been served with a copy of such judgment, decree, ororder more than a year before the end of such two-year period, then withinone year of such service.

    For the purpose of subdivision 2 of this section, service may be made in anymanner provided in this chapter except by order of publication, but includingpersonal or substituted service on the party to be served, and personalservice out of the Commonwealth by any person of eighteen years or older andwho is not a party or otherwise interested in the subject matter incontroversy.

    (Code 1950, § 8-78; 1977, c. 617.)

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