On appeal, the judgment of the trial court is presumed correct. The burden is on the party who alleges reversible error to show by the record that reversal is the remedy to which he is entitled. The judgment of the trial court will not be disturbed on appeal unless it is plainly wrong or without evidence to support it. The affidavit, however, purported to describe what was said to and by Jones' agent and therefore was hearsay. Commercial Union Ins.
Legal evidence is that statement made under oath before a properly constituted tribunal or officer.
The affidavit . . . It had no evidential value, save to serve notice of the possible existence of the matters alleged. . . . In such a hearing hearsay evidence in the form of an affidavit is no more admissible than in a trial of the case itself. Although Jones submitted the affidavit in conjunction with a motion for reconsideration rather than a motion for a new trial, the principle espoused in Moorefield and Kearns is nonetheless applicable. Thus, Jones' affidavit was insufficient evidence before the circuit court to support Jones' contention that she filed a petition satisfying the requirements of Code 60.2-622.