Category: Virginia Supreme Court Opinions

410 S.E.2d 636 JAMES H. McMULLIN v. UNION LAND MANAGEMENT CO. 47243 Record No. 910013Supreme Court of Virginia. November 8, 1991 Present: All the Justices The trial court erred in concluding that an arbitration provision in a partnership agreement was not sufficiently broad to require arbitration of a partner’s claim against the partnership for services […]

54 S.E.2d 90 THE CHESAPEAKE AND OHIO RAILWAY COMPANY, A CORPORATION v. EUNICE J. MARSHALL, ADM’X, ETC. 38878 Record No. 3493.Supreme Court of Virginia. June 20, 1949 Present, All the Justices. Negligence — Contributory Negligence — Last Clear Chance Not Applicable in Death of Pedestrian on Railroad Track. Plaintiff’s decedent, without looking or listening, stepped […]

164 S.E.2d 655 ALPHEUS E. AVENT v. COMMONWEALTH OF VIRGINIA. 42156 Record No. 6792.Supreme Court of Virginia. December 6, 1968 Present, Eggleston, C.J., Buchanan, I’Anson, Carrico, Gordon and Harrison, JJ. (1) Criminal Procedure — Expert Witness. (2) Burglary — Sufficiency of Evidence — Fingerprints. (3) Criminal Procedure — Fingerprints — Burden on Commonwealth. 1. Police […]

203 S.E.2d 131 SCOTT K. McDOUGLE, JR. v. ELIZABETH B. McDOUGLE AND RAYMOND H. McDOUGLE. 43024 Record No. 730381.Supreme Court of Virginia. March 4, 1974 Present, I’Anson, Carrico, Harrison, Cochran, Harman and Poff, JJ. (1) Pleading and Practice — Necessary Party — Alleged Incompetent Grantor. (2) Pleading and Practice — Incompetent’s Rights — Timely Objection. […]

205 S.E.2d 635 C. LYNCH CHRISTIAN, JR. v. JAMES L. BULLOCK, ET AL. 43073 Record No. 730553.Supreme Court of Virginia. June 10, 1974 Present, Snead, C.J., I’Anson, Carrico, Harrison, Cochran and Poff, JJ. (1) Rules of Court — Costs. (2) Conflict of Laws — Contracts — Place of Execution. (3) Contracts — Construction — Written […]

145 S.E.2d 222 IRENE COLE CRIDER v. COMMONWEALTH OF VIRGINIA. 41759 Record No. 6064.Supreme Court of Virginia. November 29, 1965 Present, All the Justices. (1) Misappropriation of Public Funds — Commonwealth’s Evidence Held to Make Case for Jury. (2) Misappropriation of Public Funds — Evidence Properly Admitted. (3) Misappropriation of Public Funds — Criminal Intent […]

75 S.E.2d 66 THE CITY OF NORFOLK v. THE COUNTY OF NORFOLK. 39352 Record No. 4055.Supreme Court of Virginia. March 9, 1953 Present, All the Justices. (1) Annexation — City’s Motions to Dismiss Proceeding and for Non-Suit Erroneously Denied. (2) Dismissal and Non-suit — Plaintiff’s Rights. (3) Annexation — City’s Right to Dismiss Prior to […]

672 S.E.2d 837 JON LURIA, ET AL. v. BOARD OF DIRECTORS OF WESTBRIAR CONDOMINIUM UNIT OWNERS ASSOCIATION. Record No. 080515.Supreme Court of Virginia. February 27, 2009. Present: Keenan, Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Carrico, S.J. A real estate developer constructed a four-building, 224-unit condominium complex, using a corporation and two limited liability […]

196 S.E.2d 920 RENA P. WILSON v. VIRGINIA NATIONAL BANK. 42905 Record No. 8140.Supreme Court of Virginia. June 11, 1973 Present, Snead, C.J., I’Anson, Carrico, Cochran and Poff, JJ. Creditor’s Rights — Homestead Exemption — Timely Filing. Homestead deed may be filed at any time before a court orders the payment of money by the […]

267 S.E.2d 164 JOHN THORPE RICHARDS, ANCILLARY ADMR., ETC., ET AL. v. ROBERT M. MUSSELLMAN, EXECUTOR, ETC., ET AL. 43987 Record No. 780954.Supreme Court of Virginia. June 6, 1980 Present: All the Justices. Clean hands doctrine does not bar relief in suit for contribution an a guaranty agreement where application of doctrine would create inequitable […]

174 S.E.2d 779 ALVIN JUNIOR CHITTUM v. COMMONWEALTH OF VIRGINIA. 42353 Record Nos. 7196, 7197 and 7198.Supreme Court of Virginia. June 15, 1970 Present, All the Justices. (1) Criminal Law — Abduction — Sufficiency of Evidence. (2) Attempted Rape — Elements — Sufficiency of Evidence. (3) Attempted Rape — Instruction on Lesser Offense. (4) Criminal […]

27 S.E.2d 925 SEVEN-UP BOTTLING COMPANY, INC. v. STELLA GRETES. 38142 Record No. 2720.Supreme Court of Virginia. December 6, 1943. Present, Campbell, C. J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. NEGLIGENCE — Res Ipsa Loquitur — Basis of Doctrine. — The doctrine of res ipsa loquitur rests upon the assumption that the […]

72 S.E.2d 631 WALTER N. MAGUIRE AND GUY PARKHURST ESTES, ET ALS. v. FRANK STONE LOYD AND J. EASLEY EDMUNDS, JR., EXEC’s, ETC. 39297 Record No. 3841.Supreme Court of Virginia. October 13, 1952 Present, All the Justices. Appeal from a decree of the Corporation Court of the city of Lynchburg. Hon. S. Duval Martin, judge […]

250 S.E.2d 345 JAMES J. REESE v. COMMONWEALTH OF VIRGINIA 43751 Record No. 780511.Supreme Court of Virginia. January 12, 1979 Present: All the Justices. Evidence sufficient to sustain conviction of grand larceny when circumstantial evidence is strong even though identity of stolen property not established by positive evidence. (1) Evidence — Grand Larceny — No […]

179 S.E.2d 497 CHARLES A. BROADDUS v. STANDARD DRUG COMPANY, INCORPORATED, ET AL. 42466 Record No. 7298.Supreme Court of Virginia. March 8, 1971 Present, All the Justices. (1) Agency — Master and Servant. (2) Negligence — Employee of Independent Contractor — Dangerous — Weapon. (3) Negligence — Police Officer — Lawful Arrest — Instruction. (4) […]

171 S.E.2d 172 NORMA G. ROBINETTE AND STACY ALLEN ROBINETTE, AN INFANT v. KAYO OIL COMPANY AND TWIN CITY FIRE INSURANCE COMPANY. 42281 Record No. 7073.Supreme Court of Virginia. December 1, 1969 Present, All the Justices. Workmen’s Compensation — Injury by Accident — Pneumonia. Employee who was an attendant at a gasoline service station worked […]

35 S.E.2d 766 SALVATORE FEDELE v. NATIONAL LIBERTY INSURANCE COMPANY OF AMERICA. 38382 Record No. 2951.Supreme Court of Virginia. November 19, 1945. Present, All the Justices. 1. FIRE INSURANCE — Defenses — Insured Fraudulently Setting Property on Fire. — Principles of public policy deny the right of recovery to an insured who fraudulently sets on […]

99 S.E.2d 612 W. W. FLOYD, T/A, ETC. v. GEORGE D. FISCHER, COMMISSIONER, ETC., ET AL. 39894 Record No. 4682.Supreme Court of Virginia. September 6, 1957 Present, All the Justices. (1) Taxation — Business Privilege Tax — Not Applicable to Business Conducted on National Airport. (2) Taxation — Doubt as to Application of Tax — […]