When the application is made, on proof of notice and service of the copy of the petition as aforesaid, if the defendant fails to appear, or appearing fails to make defense, and the petition states a proper case for the writ, a peremptory writ shall be awarded with costs.
Code 1950, § 8-706; 1977, c. 617.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 25 - Extraordinary Writs
§ 8.01-636. In what cases writ issued
§ 8.01-637. By whom filed; when leave granted and writ issued
§ 8.01-639. How summons directed and served
§ 8.01-640. Judgment when defendant fails to appear
§ 8.01-641. Reopening same when made on service by publication
§ 8.01-642. Pleading when defendant appears
§ 8.01-643. Trial; verdict; judgment; costs; attorney's fee
§ 8.01-644. Application for mandamus or prohibition
§ 8.01-644.1. Limitations of actions for petition for mandamus
§ 8.01-645. What petition to state; where presented
§ 8.01-646. When writ awarded if no defense made
§ 8.01-648. What judgment to be rendered
§ 8.01-649. Proceedings when application is to Supreme Court or Court of Appeals
§ 8.01-650. Suspension of proceedings, where prohibition applied for
§ 8.01-651. Suspension of proceedings by justice of Supreme Court or judge of Court of Appeals
§ 8.01-652. Service of writ; how obedience enforced
§ 8.01-654. When and where petition filed; what petition to contain
§ 8.01-655. Form and contents of petition filed by prisoner
§ 8.01-658. When and from whom response required; dismissal of habeas petition without prejudice
§ 8.01-660. When affidavits may be read
§ 8.01-661. Facts proved may be made part of record
§ 8.01-662. Judgment of court or judge trying it; payment of costs and expenses when petition denied
§ 8.01-663. Judgment conclusive
§ 8.01-664. How and when Supreme Court summoned to try appeal therefrom
§ 8.01-665. When execution of judgment suspended; when prisoner admitted to bail
§ 8.01-666. When and by whom writs of habeas corpus ad testificandum granted