Day v. Kelley

Head, Presiding Justice.

The petition in the present case does not comply with the applicable rules of pleading. “All suits in the superior courts for legal or equitable relief or both shall be by petition addressed to the court, signed by the plaintiff or his counsel, plainly, fully, and distinctly setting forth the cause of action, legal or equitable or both, the names of the persons against whom process is prayed, and the demand for legal or equitable relief or remedy or both.” Code § 81-101. In the first instance, the petition is not headed as to State or County. It is not addressed to any…