Category: Virginia Supreme Court Opinions

353 S.E.2d 745 JEREMY W. TAYLOR v. JACK M. SANDERS, ET AL. 45081 Record No. 840017Supreme Court of Virginia. March 6, 1987 Present: All the Justices Judgment invalidating forfeiture of a promissory note given as part of a contract for the purchase of real property as constituting a penalty is reversed, since the amount of […]

244 S.E.2d 750 HENRY DAVIS, JR. v. JOSEPH F. COLGIN 43671 Record No. 761659Supreme Court of Virginia. June 9, 1978 Present: All the Justices. Parties or their counsel should not refer to accident report during trial even though the report is not introduced in evidence. (1) Motor Vehicles — Accident Report (Code Sec. 46.1-401) — […]

55 S.E.2d 56 CITY OF NEWPORT NEWS, A MUNICIPAL CORPORATION v. ELIZABETH CITY COUNTY. 38887 Record No. 3549.Supreme Court of Virginia. September 7, 1949 Present, All the Justices. (1) Judgments and Decrees — Declaratory Judgments — Dispute as to Right of City to Annex County Land Held Actual Controversy Although Annexation Proceedings Not Commenced. (2) […]

178 S.E.2d 503 TRAVELERS INSURANCE COMPANY AND VIRGINIA MUTUAL INSURANCE COMPANY v. STANLEY C. TURNER. 42442 Record No. 7272.Supreme Court of Virginia. January 18, 1971 Present, Snead, C.J., I’Anson, Gordon, Harrison, Cochran and Harman, JJ. Claims — Assignability. Plaintiffs, as assignees of claim, seek to recover against insurance agent for negligence or constructive fraud in […]

72 S.E.2d 339 MARGARET SUE PHILLIPS, ADMINISTRATRIX OF THE ESTATE OF LONNIE HARRY WILLIAM PHILLIPS, DECEASED v. WILLIAM MERRITT BRINKLEY AND WILLIAM HERNDON BRINKLEY. 39277 Record No. 3947.Supreme Court of Virginia. September 10, 1952 Present, Hudgins, C.J., and Eggleston, Buchanan, Miller and Whittle, JJ. (1) Workmen’s Compensation Act — Exclusive Remedy When Injured by Fellow […]

643 S.E.2d 180 WILLIAM T. BUDD v. VISEPONG PUNYANITYA, M.D. Record No. 061138.Supreme Court of Virginia. April 20, 2007. Present: All the Justices In a medical malpractice case relating to spinal surgeries performed by the defendant physician, approximately one month prior to trial, plaintiff filed in the trial court a designation of authoritative literature stating […]

472 S.E.2d 789 NORMAN EDWARD GRISWOLD v. COMMONWEALTH OF VIRGINIA Record No. 951794Supreme Court of Virginia. June 7, 1996 Present: Carrico, C.J., Compton, Stephenson, Lacy, Hassell, and Keenan, JJ., and Whiting, Senior Justice Since the defendant had been unrepresented by counsel in two prior DUI convictions within 5 to 10 years prior to the one […]

41 S.E.2d 445 BRUCE RIDDICK v. COMMONWEALTH OF VIRGINIA. 38561 Record No. 3184.Supreme Court of Virginia. March 3, 1947 Present, Holt, C. J., and Hudgins, Gregory, Eggleston, Spratley and Buchanan, JJ. 1. HOMICIDE — Admissibility of Uncommunicated Threats by Deceased against Accused. — Where self-defense is in issue, evidence of uncommunicated threats is admissible, as […]

39 S.E.2d 240 MARY F. FENTRESS, ET ALS. v. S. HENRY PRUDEN. 38482 Record No. 3075.Supreme Court of Virginia. September 11, 1946. Present, All the Justices. 1. JURISDICTION — Amount in Controversy — Right of Plaintiff to Release Part of Claim. — The general rule is that in civil actions the amount demanded by the […]

27 S.E.2d 62 VIRGINIA SURETY COMPANY, INC. v. L. N. HILTON. Supreme Court of Virginia. Richmond Record No. 2716. October 11, 1943. Present, Campbell, C.J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. APPEAL AND ERROR — Assignments of Error — Consideration of Issues after Waiver. — The fact that assignments of error have […]

435 S.E.2d 131 SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC., ET AL. v. PAUL F. BADE 48839 Record No. 921407Supreme Court of Virginia. September 17, 1993 Present: All the Justices The plaintiff in a defamation action failed to establish common law malice by clear and convincing evidence, and the record lacks sufficient evidence from which to infer […]

117 S.E.2d 76 NATIONWIDE MUTUAL INSURANCE COMPANY v. ALICE M. GENTRY, SUBSTITUTE PLAINTIFF FOR SAM W. NATHAN, ADMINISTRATOR, ETC. 41169 Record No. 5137.Supreme Court of Virginia. November 28, 1960 Present, All the Justices. (1) Automobile Liability Insurance — Insured’s Failure to Cooperate Not Proved. (2) Automobile LiabilIty Insurance — Non-Waiver Agreement Held Ineffective. (3) Automobile […]

117 S.E.2d 685 ELIZABETH RIVER TUNNEL DISTRICT, ET AL. v. LOUISE BEECHER. 41183 Record No. 5147.Supreme Court of Virginia. January 11, 1961 Present, Eggleston, C.J., and Spratley, Buchanan, Whittle, Snead and I’Anson, JJ. (1) and (2) Elizabeth Tunnel District — Immune From Tort Liability. (3) Elizabeth Tunnel District — Operation of Buses Not Work of […]

155 S.E.2d 56 MAGGIE W. GRINELS, EXECUTRIX, ETC. v. QUENTIN J. LEGG, ET AL. 41970 Record No. 6434.Supreme Court of Virginia. June 12, 1967 Present, All the Justices. Pleading and Practice — Amendment to Pleading Should Be Allowed in Circuit Court on Appeal from County Court. Plaintiff proceeded in representative capacity in county court. Defendant […]

345 S.E.2d 263 JOHN L. MARKS, ET AL., ETC. v. RICHARD DOUGLAS SANZO, AN INFANT, ET AL. 45035 Record No. 830002Supreme Court of Virginia. June 13, 1986 Present: All the Justices Judgment awarding death benefits to an acknowledged, illegitimate child of a deceased firefighter is upheld as based on sufficient evidence. Domestic Relations — Paternity […]

90 S.E.2d 776 NANNIE TERRY OWENS v. CHARLES GREEN OWENS. 39819 Record No. 4450.Supreme Court of Virginia. January 16, 1956 Present, Hudgins, C. J., and Buchanan, Miller, Smith and Whittle, JJ. (1) Divorce — Depositions — Notice to Non-Resident Respondent. (2) Divorce — Depositions — Taking Not Premature. (3) Divorce — Desertion — Not Proved. […]

234 S.E.2d 286 ROSE ELLA YARBOROUGH v. COMMONWEALTH OF VIRGINIA. 43527 Record No. 760353.Supreme Court of Virginia. April 22, 1977 Present, All the Justices. (1) Criminal Law — Miranda Warnings — Intoxication of Accused. (2) Criminal Law — Homicide — Self-defense. (3) Criminal Procedure — Appellate Review — Presumption — Two Theories of Self-defense. 1. […]

553 S.E.2d 722 DAVID LEE HILLS v. COMMONWEALTH OF VIRGINIA. Record No. 010193.Supreme Court of Virginia. November 2, 2001. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Stephenson, S.J. In the bifurcated jury trial of a rape prosecution, defendant’s counsel attempted to ask potential jurors in voir dire whether they had “any […]

391 S.E.2d 288 THOMAS H. TULLIDGE v. THE BOARD OF SUPERVISORS OF AUGUSTA COUNTY 46273 Record No. 891022Supreme Court of Virginia. April 20, 1990 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Lacy. JJ., and Poff, Senior Justice Because the plaintiff’s contentions in his motion far declaratory judgment were not unreasonable under the circumstances, the […]