Siford v. Cooley

By JUDGE QUINLAN H. HANCOCK

The issue before the Court is whether the provision for reinstatement of a discontinued case under § 8.01-335 of the Code requires that the reinstatement order be entered within one year or only that the motion to reinstate be filed within a year.

Even though there are no cases directly on point, I have considered argument of counsel and the authorities cited.

In Snead v. Atkinson, 121 Va. 182, 92 S.E. 835 (1917), the Virginia Supreme Court stated, quoting Echols v. Brennan, 99 Va. 150, 37 S.E. 786 (1901), "a cause stricken from the docket under that statute cannot be…