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ILIFF v. RICHARDS

Record Nos. 781669, 790015.

272 S.E.2d 645 (1980)

Ramon ILIFF v. Warren F. RICHARDS and Glenn Stark.

Supreme Court of Virginia.

November 26, 1980.

Attorney(s) appearing for the Case

Kaletah N. Carroll, Fairfax, for appellant.

Adelard L. Brault, Fairfax (Brault, Lewis, Geschickter & Palmer, Fairfax, on brief), for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POSS, COMPTON and THOMPSON, JJ.

COMPTON, Justice.

In this damage suit arising from a motor vehicle collision, we consider whether the trial court was correct in dismissing one defendant, upon motion of plaintiff at the pleading stage for a voluntary nonsuit, without notice to the other defendant who had previously filed a cross-claim. We think the lower court erred and reverse.

The chronology is important. On August 26, 1976, plaintiff-appellee...

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