National Airlines, Inc. v. Kevin P.

This is an appeal from the circuit court’s decision refusing to set aside a default judgment pursuant to Code § 8.01-428. * Kevin and Diana Shea filed a motion for judgment in the General District Court of the City of Hampton claiming $5,000 damages against National Airlines, Inc. (National). The motion stated no grounds or theory of recovery, and was returnable to July 12, 1979.

Counsel for plaintiffs was Warren H. McNamara, Jr., a law partner of Mr. Shea. When the motion was served on National, it was brought to the attention of Thomas W. Kirby, a member of the District of Columbia Bar,…