Category: Virginia Supreme Court Opinions

125 S.E.2d 835 CONSTANCE C. PHILLIPS v. ERIN B. FULGHUM. 41353 Record No. 5433.Supreme Court of Virginia. June 11, 1962 Present, All the Justices. (1) Pleading and Practice — Reference by Counsel to Amount Sued for — Not Improper. (2) Pleading and Practice — Appeal to Jury to Put Themselves in Plaintiff’s Place — Not […]

306 S.E.2d 877 KENNETH B. CHASE, ADMINISTRATOR OF THE ESTATE OF MICHAEL STEVEN CROOK, DECEASED v. JEFFREY A. BREIT, ADMINISTRATOR OF THE ESTATE OF WILLIAM PATRICK MCDONOUGH, DECEASED 44526 Record No. 801529.Supreme Court of Virginia. September 9, 1983 Present: All the Justices. Circumstantial evidence supports Jury verdict that administrator’s intestate (Crook) was the driver of […]

355 S.E.2d 302 AMHERST COUNTY BOARD OF SUPERVISORS, ET AL. v. CENTRAL VIRGINIA ELECTRIC COOPERATIVE 45096 Record No. 840585Supreme Court of Virginia. April 24, 1987 Present; Carrico, C.J., Cochran,[*] Poff, Compton, Stephenson, Russell, and Thomas, JJ. [*] Justice Cochran participated in the hearing and decision of this case prior to the effective date of his […]

225 S.E.2d 661 ROBERT MONROE JORDAN v. COMMONWEALTH OF VIRGINIA. 43382 Record No. 750965.Supreme Court of Virginia. June 11, 1976 Present, All the Justices. Criminal Procedure — Plea Bargain — Specific Performance. Defendant, arrested on warrant charging two felonies, entered into plea bargain which was communicated to judge of general district court. Judge amended warrant […]

29 S.E.2d 406 THE COVINGTON VIRGINIAN, INC. v. R. C. WOODS, TRADING AS COVINGTON NEWS AGENCY. 38182 Record No. 2744.Supreme Court of Virginia. March 13, 1944. Present, Campbell, C. J., and Hudgins, Gregory, Eggleston and Spratley, JJ. 1. BONDS — Seal — Distinguishing Feature. — A bond is a written obligation under seal. The seal […]

410 S.E.2d 674 COUNTY OF FAIRFAX, ET AL. v. SOUTHERN IRON WORKS, INC., ET AL. 47255 Record No. 910097Supreme Court of Virginia. November 8, 1991 Present: Carrico, C.J., Compton, Stephenson, Whiting, and Keenan, JJ., Poff, Senior Justice, and Harrison, Retired Justice The trial court erred in invalidating a zoning ordinance amendment enacted by a county […]

309 S.E.2d 315 CHRYSTAL M. LAWRENCE v. JOHN C. WIRTH, JR. 44564 Record No. 810149.Supreme Court of Virginia. December 2, 1983 Present: All the Justices. A patient’s contributory negligence which occurs after a physician’s negligent treatment may serve to mitigate damages but does not completely bar recovery for negligence proximately causing injury to the patient. […]

355 S.E.2d 888 JOSEPH C. BENNET, JR., EXECUTOR, ETC. v. FIRST MERCHANTS NATIONAL BANK, ET AL. 45115 Record No. 840113Supreme Court of Virginia. April 24, 1987 Present: Carrico, C.J., Cochran,[*] Poff, Compton, Stephenson, Russell, and Thomas, JJ. [*] Justice Cochran participated in the hearing and decision of this case prior to the effective date of […]

316 S.E.2d 439 VIRGINIA DEPARTMENT OF CORRECTIONS, ET AL. v. DANIEL CURRY CROWLEY VIRGINIA DEPARTMENT OF CORRECTIONS, ET AL. v. DAVID STEEVES TAYLOR VIRGINIA DEPARTMENT OF CORRECTIONS, ET AL. v. LARRY NOEL SHERMAN 44631 Record No. 820084. Record No. 820085. Record No. 820086.Supreme Court of Virginia. April 27, 1984. Present: All the Justices. Trial Court […]

623 S.E.2d 922 FRANCES BOYNTON, ET AL. v. JERRY W. KILGORE, ATTORNEY GENERAL OF THE COMMONWEALTH OF VIRGINIA, ET AL. Record No. 051041.Supreme Court of Virginia. January 13, 2006. Present: All the Justices Twelve former employees of the Office of the Attorney General were involuntarily separated from employment due to budget constraints and sought severance […]

105 S.E.2d 625 THERESA FREITAS HILL AND JACK MARVIN HILL v. GULF OIL CORPORATION. 40014 Record No. 4853.Supreme Court of Virginia. December 1, 1958 Present, All the Justices. (1) and (2) Lessor and Lessee — Option to Purchase — Notice to Lessor by Registered Mail Proper. (3) Lessor and Lessee — Option to Purchase — […]

75 S.E.2d 72 DAN RIVER MILLS, INCORPORATED v. CITY OF DANVILLE, ETC., ET AL. 39343 Record No. 4049.Supreme Court of Virginia. March 9, 1953 Present, All the Justices. (1) Taxation — License Tax for Doing Business — City Ordinance Construed. (2) Statutes — Construction — Function of Proviso. 1. An ordinance of the City of […]

429 S.E.2d 25 NEW RIVER MEDIA GROUP, INC. v. DAVID COLLINS KNIGHTON 48445 Record No. 921138Supreme Court of Virginia. April 16, 1993 Present: All the Justices The trial court erred in ruling that an employer-employee non-competition agreement was not valid and enforceable and that decree is reversed and the judgment in favor of the employee […]

90 S.E.2d 116 ELLA NICKELS v. ALTA MAE NICKELS, ET AL. 39796 Record No. 4427.Supreme Court of Virginia. November 28, 1955 Present, Hudgins, C. J., and Spratley, Buchanan, Miller, Smith and Whittle, JJ. (1) Partition — When Jurisdiction to Sell Exists. (2) Partition — Division in Kind — Court May Choose Procedure for Determining Issue. […]

266 S.E.2d 87 BUDDY EARL JUSTUS v. COMMONWEALTH OF VIRGINIA 43947 Record No. 791326.Supreme Court of Virginia. April 18, 1980 Present: All the Justices. Capital murder and death penalty set aside and case remanded for failure of the Trial Court to strike venireman who expressed belief in defendant’s guild on voir dire: other procedural and […]

70 S.E.2d 335 GLADYS BLANKENSHIP v. COMMONWEALTH OF VIRGINIA. 39230 Record No. 3951.Supreme Court of Virginia. April 21, 1952 Present, All the Justices. (1) Homicide — Involuntary Manslaughter — Evidence — Sufficient to Establish. (2) Homicide — Prima Facie Murder in Second Degree — Burden on Accused. (3) Homicide — Instructions — Instructing for Lesser […]

613 S.E.2d 402 WBM, LLC v. WILDWOODS HOLDING CORPORATION. Record No. 041990.Supreme Court of Virginia. June 9, 2005. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Agee, JJ., and Carrico, S.J. Defendant, a Virginia closely held corporation, was created in 1971 and authorized by its charter “to deal generally in real estate of all kinds […]