Category: Virginia Supreme Court Opinions

232 S.E.2d 778 PHILIP B. REID v. MARGARET HICKS BAUMGARDNER. 43494 Record No. 760368.Supreme Court of Virginia. March 4, 1977 Present, All the Justices. (1) Automobiles — Pleading and Practice — Closing Argument on Damages. (2) Pleading and Practice — Improper Argument Not Invited. (3) Pleading and Practice — Grounds of Objection. (4) Pleading and […]

205 S.E.2d 634 FREDERICK T. WYNNE, T/A, ETC. v. FRANK WILLIAM SPAINHOUR, JR. 43058 Record No. 730802.Supreme Court of Virginia. June 10, 1974 Present, All the Justices. Negligence — Invitee — Open and Obvious Icy Spots. Customer as invitee is owed duty of ordinary care and warning of hidden dangers. Scraping snow from parking lot […]

7 S.E.2d 143 W. D. POWELL v. CRADDOCK-TERRY COMPANY, ET ALS. 37638 Record No. 2152Supreme Court of Virginia. February 26, 1940 Present, All the Justices 1. STOCK AND STOCKHOLDERS — Dividends — All Shares Ordinarily Stand on Same Footing. — Ordinarily the shares of the general stock of a corporation, which is the division of […]

591 S.E.2d 694 ROBERT MICHAEL McMINN v. SCOTT CHRISTOPHER ROUNDS, ET AL. Record No. 030286.Supreme Court of Virginia. January 16, 2004. Present: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., and Compton, S.J. Plaintiff sued for assault arising out of an altercation he had with a bartender at a restaurant. At the trial, the […]

360 S.E.2d 162 CHARLES F. BASS, JR., ET AL. v. GARY L. SMITH 45454 Record No. 840734Supreme Court of Virginia. September 4, 1987 Present: All the Justices A judgment in equity requiring the wives of two men who had contracted to sell land to join in the deed conveying that land is reversed because the […]

482 S.E.2d 816 ARLEAN INEZ BROOKS HILL v. ARTHUR BROOKS Record No. 961095Supreme Court of Virginia. February 28, 1997 Present: Carrico, C.J., Compton, Lacy, Hassell, Keenan, and Koontz, JJ., and Poff, Senior Justice Since a deed of gift was clear and unequivocal on its face in establishing a joint tenancy between the parties with a […]

341 S.E.2d 179 MICHAEL S. PIGOTT, ET AL. v. EDNA MORAN, ET AL. 44999 Record No. 830112Supreme Court of Virginia. March 7, 1986 Present: All the Justices A judgment dismissing an action for fraud in the sale of real property as time-barred is affirmed because the action was not one for property damage and accordingly […]

677 S.E.2d 220 MATTHEW PAUL BROWN v. COMMONWEALTH OF VIRGINIA. COMMONWEALTH OF VIRGINIA v. KIMBERLY DAWN COMPTON. Record Nos. 081417, Record No. 081588.Supreme Court of Virginia. June 4, 2009. Present: All the Justices. Petitioners sought expungement of police and court records relating to criminal charges that had been dismissed after the respective district courts had […]

10 S.E.2d 558 JOSIE PERDUE, ET AL. v. J. A. DAVIS, ET ALS. Supreme Court of Virginia. Staunton Record No. 2230. September 5, 1940. Present, All the Justices. 1. MORTGAGES AND DEEDS OF TRUST — Sale — Discretion of Trustee as to Incidents Is Reviewable. — The discretion granted by section 5167 othe Code of […]

216 S.E.2d 55 A. W. HALL TRANSFER AND STORAGE COMPANY, ET AL. v. TRIANGLE TRANSFER AND STORAGE CO., INC. 43227 Record No. 741134.Supreme Court of Virginia. June 13, 1975 Present, All the Justices. (1) Cities and Counties — Independent of Each Other. (2) Corporation Commission — Certificate of Public Convenience and Necessity — Notice. (3) […]

235 S.E.2d 357 LEON TURNER v. COMMONWEALTH OF VIRGINIA 43550 Record No. 760878.Supreme Court of Virginia. June 10, 1977 Present: All the Justices. Fingerprint impressed in blood as circumstantial evidence. (1) Criminal Procedure — Circumstantial Evidence — When has Weight of Direct Testimony. (2) Criminal Procedure — Fingerprint — Circumstantial Evidence to Show Defendant was […]

135 S.E.2d 792 JAMES M. LAWRENCE v. CITY OF NORFOLK. 41531 Record No. 5749.Supreme Court of Virginia. April 27, 1964 Present, All the Justices. Drunk Driving — Blood Test — Results Inadmissible Where Containers Not Sealed. Lawrence was found guilty by a jury of driving under the influence of intoxicants in violation of a city […]

169 S.E.2d 434 COMMONWEALTH OF VIRGINIA, EX REL., ETC. v. SHELL OIL COMPANY. 42242 Record Nos. 6985 and 6986.Supreme Court of Virginia. September 5, 1969 Present, Eggleston, C.J., Buchanan, Snead, I’Anson, Carrico and Gordon, JJ. Gasoline Tax — Aviation Fuel — Refund — License Tax. In suit for refund of motor fuel tax paid on […]

304 S.E.2d 271 TIMOTHY DALE BUNCH v. COMMONWEALTH OF VIRGINIA 44493 Record No. 822081.Supreme Court of Virginia. June 17, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Stephenson, and Russell, JJ., and Harrison, Retired Justice. Death penalty of defendant convicted of capital murder during commission of armed robbery [Code Sec. 18.2-31(d)] sustained; knowing and intelligent waiver […]

183 S.E.2d 739 LAWRENCE WALKER v. COMMONWEALTH OF VIRGINIA. 42579 Record Nos. 7634 and 7635.Supreme Court of Virginia. October 11, 1971 Present, Snead, C.J., I’Anson, Carrico, Harrison, Cochran and Harman, JJ. (1) Criminal Procedure — Instruction — Burden of Proof — Drug Prosecution. (2) Criminal Procedure — Evidence — Sentence of Another. 1. Burden is […]

395 S.E.2d 456 COMMONWEALTH OF VIRGINIA v. FRANCES BURNS 46421 Record No. 900495Supreme Court of Virginia. July 30, 1990 Present: All the Justices Considerations of due process do not bar the application of Code Sec. 18.2-255.2, which establishes a “drug free” zone near school, to a sale of cocaine made within the prescribed distance of […]

551 S.E.2d 361 DONALD KARL STOCKDALE, JR. v. PATRICIA MAXWELL STOCKDALE. Record No. 002485.Supreme Court of Virginia. September 14, 2001. Present: All the Justices. Appeal from a judgment of the Court of Appeals of Virginia. Affirmed. James R. Cottrell (Michael A. Ward, Gannon, Cottrell Ward, on brief), for appellant. Llona Ely Freedman Grenadier (Elaine M. […]

385 S.E.2d 559 BETSY-LEN MOTOR HOTEL CORPORATION v. HOLIDAY INNS, INC., ET AL. 46095 Record No. 890394Supreme Court of Virginia. November 10, 1989 Present: Carrico, C.J., Compton, Stephenson, Russell and Whiting, JJ., and Poff, Senior Justice, and Cochran, Retired Justice The State Corporation Commission correctly determined, under Code Sec. 13.1-564 of the Retail Franchising Act, […]

334 S.E.2d 838 LEM DAVIS TUGGLE, JR. v. COMMONWEALTH OF VIRGINIA 44847 Record No. 840486Supreme Court of Virginia. September 6, 1985 Present: All the Justices Capital murder conviction and death sentence are affirmed where the trial court committed no error in denying defendant’s request for an independent psychiatrist and the death penalty is supported by […]