Category: Virginia Supreme Court Opinions

393 S.E.2d 213 ELWOOD H. GILBERT v. CHARLOTTE K. SUMMERS 46418 Record No. 891276Supreme Court of Virginia. June 8, 1990 Present: All the Justices The portion of the trial court’s judgment in a real estate boundary dispute which granted plaintiff’s motion to strike defendant’s claim of adverse possession is affirmed. However, since the jury should […]

205 S.E.2d 680 A.E. SLAYTON, JR., SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY v. ARCHIE ALLEN PARRIGAN. 43061 Record No. 730270.Supreme Court of Virginia. June 10, 1974 Present, All the Justices. (1) Appellate Review — New Issue — Identification. (2) Habeas Corpus — Constitutional Rights — New Issue. 1. Under Rules of Court, except for good […]

37 S.E.2d 8 T. F. WILLIAMS v. C. E. KENDRICK AND P. J. REYNOLDS. 38433 Record No. 3008.Supreme Court of Virginia. March 4, 1946. Present, Campbell, C. J., and Holt, Hudgins, Gregory, Browning and Spratley, JJ. 1. APPEAL AND ERROR — Weight of Judgment of Trial Court — Evidence in Form of Depositions. — Where […]

3 S.E.2d 405 THE FEDERAL LAND BANK OF BALTIMORE v. Wm. V. BIRCHFIELD 37540 Record No. 2059Supreme Court of Virginia. June 12, 1939 Present, All the Justices 1. SERVICE OF PROCESS — By Other than Officer to Whom Directed — Service on Officer of Corporation in Another County — Case at Bar. — In the […]

387 S.E.2d 468 WINDSOR H. MENDENHALL, ET AL, v. DOUGLAS L. COOPER, INC., ETC., ET AL. 46204 Record No. 881292Supreme Court of Virginia. January 12, 1990 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Lacy, JJ., and Cochran, Retired Justice Since amended bills of complaint not only added new defendants but also presented new and […]

143 S.E.2d 847 ROSEMARY AGNES MINTER, AN INFANT, ETC. v. LINDA GAYLE CLEMENTS, AN INFANT, ETC. 41734 Record No. 6011.Supreme Court of Virginia. September 10, 1965 Present, Spratley, Buchanan, Snead, I’Anson, Carrico and Gordon, JJ. (1) Automobiles — Intersection Collision — Right of Way — Forfeiture by Unlawful Speed not Proved. (2) Automobiles — Contributory […]

613 S.E.2d 425 DANNY R. HOLLEY v. DANIEL J. PAMBIANCO, M.D., ET AL. Record No. 042275.Supreme Court of Virginia. June 9, 2005. Present: Hassell, C.J., Lacy, Keenan, Koontz, and Lemons, JJ., and Compton and Russell, S.JJ. Plaintiff sued the physician who performed a colonoscopy upon him, and that doctor’s medical practice group, for complications resulting […]

2 S.E.2d 313 A. A. HOOFF AND ANNIE B. BROWN v. FRANKLIN PAINE AND HELEN PAINE Supreme Court of Virginia. Richmond Record No. 2046 April 10, 1939 Present, All the Justices 1. FRAUDS, STATUTE OF — Promise to Answer for Debt or Default of Another — Note Given by Property Owner to Subcontractor — Case […]

135 S.E.2d 790 IDA L. GAUMONT, ET AL. v. STATE HIGHWAY COMMISSIONER OF VIRGINIA. 41533 Record No. 5730.Supreme Court of Virginia. April 27, 1964 Present, All the Justices. (1) Appeal and Error — Objection Not Made at Trial — Point Not Considered on Appeal. (2) Appeal and Error — Instructions Not Considered Where Not in […]

425 S.E.2d 800 LOUDOUN COUNTY DEPARTMENT OF SOCIAL SERVICES, ET AL. v. PHYLLIS McLEOD ETZOLD 48411 Record No. 920572Supreme Court of Virginia. January 8, 1993 Present: Carrico, C.J., Compton, Stephenson, Whiting, Lacy, and Hassell, JJ., and Poff, Senior Justice. Since the case originated in the juvenile and domestic relations district court rather than in the […]

278 S.E.2d 877 RICHMOND MEMORIAL HOSPITAL AND THE VIRGINIA HOSPITAL INSURANCE RECIPROCAL v. BILLIE ALYS CRANE 44161 Record No. 800829.Supreme Court of Virginia. June 12, 1981 Present: All the Justices. Injury to leg muscle of nurse who was walking along a level, clean, unobstructed and well-lighted hospital corridor was risk to which general public was […]

47 S.E.2d 436 GEORGE G. HAWKINS v. DOROTHY W. HAWKINS. 38701 Record No. 3298.Supreme Court of Virginia. April 26, 1948 Present, Gregory, Spratley, Buchanan, Staples and Miller, JJ. 1. ALIMONY — Discretion of Court. — The allotment of alimony is within the discretion of the court. It is not an arbitrary but a judicial discretion, […]

97 S.E.2d 650 JOSEPH T. FLAKNE v. CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA. 39853 Record No. 4676.Supreme Court of Virginia. April 26, 1957 Present, Hudgins, C.J., and Eggleston, Buchanan, Miller, Whittle and Snead, JJ. Negligence — Contributory Negligence Shown as Matter of Law. Plaintiff Flakne was injured when he struck an unshielded guy wire […]

626 S.E.2d 357 BOARD OF SUPERVISORS OF CULPEPER COUNTY v. GREENGAEL, L.L.C., ET AL. Record No. 050461.Supreme Court of Virginia. March 3, 2006. Present: All the Justices. A developer submitted a subdivision plat application to the defendant county board of supervisors (the “Board”) indicating its desire to residentially develop a parcel zoned to permit high-density, […]

14 S.E.2d 327 MARGARET M. SOMERS, IN HER OWN RIGHT AND ELMER W. SOMERS, HER HUSBAND v. VIRGINIA-CAROLINA JOINT STOCK LAND BANK, ETC., ET AL. Supreme Court of Virginia. Richmond Record No. 2358. April 21, 1941. Present, Campbell, C. J., and Holt, Hudgins, Gregory, Browning and Spratley, JJ. 1. MORTGAGES AND DEEDS OF TRUST — […]

587 S.E.2d 711 BLAKE CONSTRUCTION CO., INC./POOLE KENT v. UPPER OCCOQUAN SEWAGE AUTHORITY. Record No. 022075.Supreme Court of Virginia. October 31, 2003. Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, Agee, JJ., and Carrico, S.J. A joint venture entered a contract for construction of a waste water treatment facility to be owned and operated by public […]

132 S.E.2d 495 FELIX J. BROWN, ET AL. v. CITY OF RICHMOND, ET AL. J. RUPERT PICOTT, INDIVIDUALLY, ETC., ET AL. v. CITY OF RICHMOND, ET AL. 204068 Records Nos. 5568, 5569.Supreme Court of Virginia. September 11, 1963. Present, Eggleston, C. J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. Constitutional Law — Equal Protection […]