If in such detinue action, on an issue concerning several things, in one or more counts, no verdict be found for part of them, it shall not be error, but the plaintiff shall be barred of his title to the things omitted; and if the verdict omit the price or value, the court may at any time have a jury impaneled to ascertain the same.
§ 8.01-120.No verdict as to some items; omission of price or value.
Chapter 3. Actions · Article 12. Detinue · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-120 provides that a detinue verdict covering several items is not error if it omits some of them, though the plaintiff is then barred from claiming those omitted items, and lets the court impanel a jury at any time to fix a price or value the verdict left out.
Full Text of § 8.01-120
Plain-English Summary
Section 8.01-120 handles two loose ends that can come up when a detinue case involves several items across one or more counts. First, if the jury’s verdict does not address every item claimed, that gap is not treated as an error requiring a new trial. Instead, the consequence falls on the plaintiff: the plaintiff is barred from later claiming title to whatever items the verdict left out.
Second, if the verdict covers the items but leaves out the price or value the plaintiff is entitled to recover, the court is not stuck. It may, at any time, impanel a jury for the specific purpose of ascertaining that omitted price or value, rather than sending the whole case back for retrial.
Frequently Asked Questions
What happens if a Virginia detinue verdict skips some of the items claimed?
It is not treated as error, but the plaintiff is barred from later claiming title to the items the verdict omitted.
Can the plaintiff bring a new claim for the omitted items later?
No. Being barred means the omission forecloses the plaintiff’s title claim to those specific items going forward.
What if the jury found for the plaintiff on the items but forgot to set a value?
The court may impanel a jury at any time afterward for the sole purpose of ascertaining the omitted price or value.
Does this section require a whole new trial when the verdict has a gap?
No. It avoids that — the plaintiff loses the omitted items, or a separate jury fixes the missing value, rather than retrying the entire case.
Does this apply only to single-item cases?
No, it specifically addresses detinue actions involving several things, in one or more counts, where a verdict on part of them is missing.
Amendment History
Code 1950, § 8-592; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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