Category: Virginia Supreme Court Opinions

323 S.E.2d 572 BUSKY WILSON SCOTT v. COMMONWEALTH OF VIRGINIA 44732 Record No. 831609.Supreme Court of Virginia. November 30, 1984. Present: All the Justices. Code Sec. 18.2-47 supersedes the Common law and does not require asportation for abduction; evidence sufficient to prove intent to abduct for conviction of statutory burglary under Code Sec. 18.2-91; evidence […]

384 S.E.2d 77 JAMES P. CRONE, II, ET AL. v. RICHMOND NEWSPAPERS, INC. 46072 Record Nos. 871406, 871407, 871408, 871409, 871410, 871411 and 871412Supreme Court of Virginia. September 22, 1989 Present: All the Justices The Virginia Franchise Act applies to an agreement contemplating or requiring the franchisee to conduct business from places within the Commonwealth. […]

481 S.E.2d 460 BOARD OF SUPERVISORS OF PRINCE WILLIAM COUNTY v. OMNI HOMES, INC. Record No. 960508Supreme Court of Virginia. January 10, 1997 Present: All the Justices Since the plaintiff developer had not acquired the rights necessary to realize its preferred method of development either by contract or easement, the action of a county in […]

146 S.E.2d 261 STATE HIGHWAY COMMISSIONER OF VIRGINIA v. C. E. REYNOLDS, ET AL. 41786 Record No. 6097.Supreme Court of Virginia. January 17, 1966 Present, All the Justices. (1) Eminent Domain — Separate Valuation of Items Prohibited — Land Taken to Be Valued as Whole. (2) Eminent Domain — Valuation of Property — Peculiar Value […]

136 S.E.2d 903 BERNARD C. BOND v. MARGARET JOYNER. 41543 Record No. 5746.Supreme Court of Virginia. June 15, 1964 Present, All the Justices. (1) Appeal and Error — Motion to Dismiss For Failure to Designate Material Evidence for Printing — Denied. (2) Pleading and Practice — Plaintiff Not Bound by Own Testimony Under Facts of […]

11 S.E.2d 617 HARRY BARR v. T. MILES MacGLOTHLIN. Supreme Court of Virginia. Richmond Record No. 2274. November 25, 1940. Present, Campbell, C.J., and Hudgins, Gregory, Eggleston and Spratley, JJ. 1. VENDOR AND PURCHASER — Breach of Contract by Vendee — Measure of Damages — Difference between Contract Price and Market Value at Time of […]

201 S.E.2d 791 STANFORD WARE, JR. v. COMMONWEALTH OF VIRGINIA. 43004 Record No. 730395.Supreme Court of Virginia. January 1, 1974 Present, All the Justices. (1) Rape — Venue — Judicial Notice. (2) Rape — Sufficiency of Evidence — Appellate Review. 1. Evidence to prove venue may be direct or circumstantial and may be aided by […]

560 S.E.2d 256 MICHAEL HAAS v. JACK LEE, WARDEN, KEEN MOUNTAIN CORRECTIONAL CENTER. Record No. 010310.Supreme Court of Virginia. March 1, 2002. Petitioner was convicted in 1994 of two counts of sodomy and his punishment was fixed at two terms of life imprisonment. In 2000 he filed a petition for writ of habeas corpus against […]

181 S.E.2d 635 CRESTWOOD CONSTRUCTION COMPANY v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY. BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. CRESTWOOD CONSTRUCTION COMPANY. 42506 Record Nos. 7473 and 7472.Supreme Court of Virginia. June 14, 1971 Present, Snead, C.J., I’Anson, Gordon, Harrison, Cochran and Harman, JJ. Subdivision Fees — Recovery — Payment Under Protest. No action […]

606 S.E.2d 813 PATRICIA A. DRINKARD-NUCKOLS, EXECUTOR OF THE ESTATE OF BERMUDA H. DRINKARD, DECEASED v. WILLIAM C. ANDREWS, JR., M.D., ET AL. Record No. 040585.Supreme Court of Virginia. January 14, 2005. Present: All the Justices After a woman fell, injuring her shoulder and arm, she was seen in a hospital emergency room. An x-ray […]

313 S.E.2d 394 DAVID ALLEN FITZGERALD v. COMMONWEALTH OF VIRGINIA 44617 Record No. 830653.Supreme Court of Virginia. March 9, 1984. Present: All the Justices. Forgery conviction based on circumstantial evidence affirmed; other issues. (1) Criminal Law — Forgery — Definition — Common Law Crime in Virginia. (2) Criminal Procedure — Forgery — Evidence — Circumstantial […]

373 S.E.2d 715 MARY F. MILES v. CITY OF RICHMOND 45785 Record No. 860953Supreme Court of Virginia. November 18, 1988 Present: Carrico, C.J., Poff, Compton, Stephenson, Russell and Thomas, JJ., and Gordon, Retired justice Dismissal of a tort action against a city is reversed and remanded because timely notice to the city of the claim […]

54 S.E.2d 872 CLAUDE F. FINNEY, ET AL. v. HARLEY A. HAWKINS. 38890 Record No. 3501.Supreme Court of Virginia. September 7, 1949 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Master and Servant — “Right to Work Statute” — Held Constitutional. (2) Master and Servant — “Right to Work Statute” — […]

458 S.E.2d 575 THOMAS LEE ROYAL, JR. v. COMMONWEALTH OF VIRGINIA 50415 Record No. 942223Supreme Court of Virginia. Decided: June 9, 1995 Present: All the Justices The defendant was indicted for the capital murder of a police officer and use of a firearm in the commission of murder. He entered pleas of guilty on both […]

125 S.E.2d 812 COUNTY OF HANOVER v. TRUSTEES OF RANDOLPH-MACON COLLEGE. 41364 Record No. 5411.Supreme Court of Virginia. June 11, 1962 Present, All the Justices. (1) Taxation — Property Exempted Under Section 183 of Constitution — Liberal Construction Followed. (2) Taxation — Exemptions — Lots Bought by College for Sale to Faculty Held Exempt. (3) […]

57 S.E.2d 33 CALVIN J. YOUNG v. H. M. SCHRINER. 38940 Record No. 3540.Supreme Court of Virginia. January 16, 1950 Present, All the Justices. (1) Parol Evidence — Consideration — Assignment of Contract to Purchase Land — Admissible to Show Full Consideration. (2) Parol Evidence — Contracts — Admissibility in General. (3) Parol Evidence — […]

97 S.E.2d 661 CITY OF WINCHESTER, ETC. ET AL, ETC. v. JOHN D. GLOVER. 39859 Record No. 4646.Supreme Court of Virginia. April 26, 1957 Present, Hudgins, C.J., and Eggleston, Buchanan, Miller, Whittle and Snead, JJ. (1) Equal Protection of Laws — Operation of Filling Station — Not Inherently Dangerous Business. (2) Municipal Corporations — Council […]

506 S.E.2d 540 KENNETH R. ASH, SR. AND JOYCE A. ASH v. ALL STAR LAWN AND PEST CONTROL, INC. Record No. 972711Supreme Court of Virginia. November 6, 1998 Present: All the Justices The trial court erred m ruling that purchasers of real property could not recover for breach of contract against an inspection company for […]

389 S.E.2d 304 EAGLES COURT CONDOMINIUM UNIT OWNERS ASSOCIATION, ET AL. v. HEATILATOR, INC, ET AL. 46236 Record No. 890052Supreme Court of Virginia. March 2, 1990 Present: All the Justices The trial court erred in holding that the plaintiffs’ claims against the manufacturer and supplier of defective fireplace system parts were time-barred without first making […]