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45 Va. Cir. 249

Cotman v. Zwerdling

Richmond County Circuit Court

Decided March 27, 1998

Richmond County Circuit Court · decided 1998-03-27

Cited by 1 later decisions — most recently February 2013

1 state decisions

Key passage — most relied on by later courts

“The words the Legislature uses in § 8.01-262(6) refer to where venue is proper when one is sued in the capacity of an administrator of an estate, the place of qualification. Given the principle of statutory construction “the specific governing the general,” the intent is to look to the defendant in his or her capacity as administrator rather than where the administrator may otherwise have business in some other capacity.”

quoted by 1 later decision, including Jones v. Stokes

Good law ✅— No negative treatment on recordhow we know

Decided 1998-03-27

View the full empirical analysis of this case →

By Judge Melvin R. Hughes, Jr.

¶1For the reasons advanced by the defendant at the hearing on March 6, 1998, in support of the request to change venue, the motion is granted. The words the Legislature uses in § 8.01-262(6) refer to where venue is proper when one is sued in the capacity of an administrator of an estate, the place of qualification. Given the principle of statutory construction - the specific governing the general - the intent is to look to the defendant in his or her capacity as administrator rather than where the administrator may otherwise have business in some other capacity.

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