Category: Virginia Supreme Court Opinions

124 S.E.2d 203 NATIONWIDE MUTUAL INSURANCE COMPANY v. ROBERT DOUGLAS COLE, AN INFANT, SUING BY HIS FATHER AND NEXT FRIEND, RAYMOND COLE. 41318 Record No. 5357.Supreme Court of Virginia. March 5, 1962 Present, All the Justices. (1) Automobiles — Action Against Company on Liability Policy — Policy Coverage Held Determinative Issue. (2) Automobiles — North […]

53 S.E.2d 137 CITY OF NORFOLK v. EDWARD L. OAST, FLOYD E. KELLAM AND J. JORDAN TEMPLE, JUDGES DESIGNATED AS THE COURT TO HEAR AND DETERMINE THE ANNEXATION PROCEEDING OF CITY OF SOUTH NORFOLK AGAINST NORFOLK COUNTY. 38857Supreme Court of Virginia. April 28, 1949 Upon a petition for a writ of prohibition, petition dismissed. Williams, […]

310 S.E.2d 666 VIRGINIA P. HOGAN v. ROBERT JACKSON CARTER AND WILLIAM FRANZ GRINSTEAD WILLIAM FRANZ GRINSTEAD v. ROBERT JACKSON CARTER AND VIRGINIA P. HOGAN ROBERT JACKSON CARTER v. VIRGINIA P. HOGAN AND WILLIAM FRANZ GRINSTEAD 44559 Record No. 810041. Record No. 810065. Record No. 810090.Supreme Court of Virginia. December 2, 1983. Present: All the […]

193 S.E.2d 655 JOHNSON SERVICE COMPANY v. GLAUBKE CONSTRUCTION CO., INC., AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 42820 Record No. 8014.Supreme Court of Virginia. January 15, 1973 Present, Snead, C.J., Carrico, Harrison, Cochran, Harman and Poff, JJ. Construction Contract — Statutory Construction — Effective Date — Statute of Limitations. Provisions of amended statute of […]

391 S.E.2d 304 BRADLEES TIDEWATER, INC., ET AL. v. WALNUT HILL INVESTMENT, INC. 46255 Record No. 890867Supreme Court of Virginia. April 20, 1990 Present: All the Justices Under the plain language of the lease to a retail store, an assignee or sublessee was required to play the role of “anchor tenant” only during the first […]

90 S.E.2d 178 ETHEL COCHRAN, EXECUTRIX OF THE WILL OF ROSE WRIGHT, DECEASED v. EVERETT BISE. EVERETT BISE v. GLYN R. PHILLIPS, ADMINISTRATOR, D. B. N. OF THE ESTATE OF R. L. WRIGHT, DECEASED. 39794 Record Nos. 4432, 4436.Supreme Court of Virginia. November 28, 1955. Present, Hudgins, C. J., and Spratley, Buchanan, Miller, Smith and […]

329 S.E.2d 815 SYVASKY LAFAYETTE POYNER v. COMMONWEALTH OF VIRGINIA SYVASKY LAFAYETTE POYNER v. COMMONWEALTH OF VIRGINIA SYVASKY LAFAYETTE POYNER v. COMMONWEALTH OF VIRGINIA 44807 Record Nos. 841434 and 841435 Record Nos. 841539 and 841540 Record No. 841589Supreme Court of Virginia. at Richmond Decided April 26, 1985 Present: All the Justices Five murder convictions, each […]

193 S.E.2d 689 M. H. KAPLAN AND BERNARD GLASSER v. ROBERT D. RUFFIN, TRUSTEE, AND RICHARD W. RUFFIN. 42835 Record No. 7975.Supreme Court of Virginia. January 15, 1973 Present, All the Justices. Real Property — Foreclosure — Second Trust — Payment of First Trust. Where terms are fully disclosed at sale, trustee under second trust […]

699 S.E.2d 237 JOSHUA WAYNE ANDREWS v. COMMONWEALTH OF VIRGINIA. Record Nos. 100374 and 100375.Supreme Court of Virginia. September 16, 2010. Present: Hassell, C.J., Koontz, Kinser, Lemons, Goodwyn, and Mims, JJ., and Lacy, S.J. Defendant shot and killed two people, and injured a third, during a robbery undertaken to obtain drugs and money. He was […]

423 S.E.2d 188 STATE FARM FIRE AND CASUALTY CO. v. WADE WALTON, ET AL. 48056 Record No. 920145Supreme Court of Virginia. November 6, 1992 Present: All the Justices Because the insureds violated a policy provision which required an additional insured give the insurance company notice of an accident or occurrence, the plaintiff is not entitled […]

186 S.E.2d 74 LAWRENCE A. LIPSCOMB, JR. v. THOMAS E. COMMINS, JR. 42623 Record No. 7714.Supreme Court of Virginia. January 17, 1972 Present, All the Justices. Real Property — Right of Way — Abandonment — Intention. While record contains evidence of non use of right-of-way there is no clear and unequivocal proof of intention to […]

294 S.E.2d 795 JACK F. THOMAS, INDIVIDUALLY v. MARGARET P. THOMAS, ET. AL. 44349 Record No. 800494.Supreme Court of Virginia. September 9, 1982 Present: All of the Justices. Death without issue limitation in will (if one son died without issue then to surviving son) construed as meaning die without issue during lifetime of testator’s wife, […]

10 S.E.2d 498 BOARD OF SUPERVISORS OF AMHERST COUNTY v. PERCY J. BOAZ. Supreme Court of Virginia. Staunton Record No. 2198. September 5, 1940. Present, All the Justices. Upon Rehearing. 1. MASTER AND SERVANT — Workmen’s Compensation Act — Casual Employment — Case at Bar. — In the instant case, an appeal from an order […]

222 S.E.2d 557 EDWIN LAMAR THOMAS v. BARBARA A. THOMAS. 43336 Record No. 750847.Supreme Court of Virginia. March 5, 1976 Present, All the Justices. (1) Divorce — Agreement of Parties — Modification in Decree. (2) Divorce — A Mensa Decree Subsumed in A Vinculo Decree. 1. When parties filed stipulation agreement, including alimony, with pleadings […]

212 S.E.2d 293 ROBERT CHARLES WITT v. COMMONWEALTH OF VIRGINIA. 43181 Record No. 740285.Supreme Court of Virginia. March 10, 1975 Present, All the Justices. (1) Criminal Procedure — Confession — Admissibility. (2) Criminal Procedure — Denial of Continuance. 1. Burden is on Commonwealth to prove that a confession is voluntary and admissibility depends on voluntariness, […]

585 S.E.2d 597 DONNA HONSINGER v. SHEILA F. EGAN. Record No. 021761.Supreme Court of Virginia. September 12, 2003. Present: All the Justices. In a case arising from an automobile accident, conflicting expert testimony was received at trial regarding plaintiff’s asserted injuries and damages. The court granted instructions informing the jury that plaintiff had the burden […]

318 S.E.2d 592 ALLEN REALTY CORPORATION v. BILLY R. HOLBERT, ET AL. 44654 Record No. 812041.Supreme Court of Virginia. June 15, 1984. Present: All the Justices An accountant’s concealment of offers to purchase real estate from his client may constitute a breach of fiduciary duty for which both the accountant and his firm may be […]

241 S.E.2d 775 JOHN R. PAGE v. CITY OF RICHMOND 43638 Record No. 770874.Supreme Court of Virginia. March 3, 1978 Present: I’Anson, C.J., Carrico, Harrison, Cochran, Harman and Compton, JJ. Statement of physician that no evidence found to relate disability of claimant to occupation of fire fighter insufficient to rebut presumption of causal connection raised […]

166 S.E.2d 228 JARETTE ARLO DEAN v. COMMONWEALTH OF VIRGINIA. 42186 Record No. 6961.Supreme Court of Virginia. March 10, 1969 Present, All the Justices. (1) Criminal Procedure — Custodial Interrogation. (2) Criminal Procedure — Voir Dire Examination. (3) Criminal Procedure Evidence — Refusal to Testify at Another Trial. 1. Defendant upon request accompanied investigating officers […]