Phlegar v. Virginia Foods, Inc.

The question for our decision is whether a person trading under a fictitious name may proceed with an action, brought before he has complied with the provisions of Virginia Code, 1942, (Michie), section 4722 (1), by filing during the pendency of the action, and prior to a motion to dismiss, the certificate required by said statute, setting forth the name under which such business is conducted and the name of each person owning the same, with their respective post office and residence addresses.

This proceeding was instituted by “Susie B. Phlegar, trading and doing business as Mercantile Cash…