Category: Virginia Supreme Court Opinions

180 S.E.2d 537 EDWIN C. KELLAM, ET AL., ETC., ET AL. v. ALAMEDA BEST GALLAGHER, ET AL. 42498 Record No. 7418.Supreme Court of Virginia. April 26, 1971 Present, Snead, C.J., Carrico, Gordon, Harrison, Cochran and Harman, JJ. Pleading and Practice — Equity Jurisdiction — Corporation Court. Corporation Court of City of Norfolk is without jurisdiction […]

278 S.E.2d 789 I. T. SALES, INC. v. FELIX L. DRY 44121 Record No. 790935.Supreme Court of Virginia. June 12, 1981 Present: All the Justices. Execution of contract in Virginia constitutes single business transaction sufficient to confer jurisdiction on its courts under Code Sections 8-81.1 to -81.5 (now Sections 8.01-328 to -330), even when substantially […]

55 S.E.2d 289 CORNELIUS F. BLAND v. CITY OF RICHMOND. 38905 Record No. 3568.Supreme Court of Virginia. October 10, 1949 Present, Gregory, Eggleston, Spratley, Buchanan, Staples and Miller, JJ. (1) Automobiles — Driving While Intoxicated — Evidence Insufficient to Prove Guilt. (2) Presumptions and Burden of Proof — Nonproduction of Evidence — Failure to Call […]

188 S.E.2d 86 GEORGE A. CLAAR, JR. v. ROBERT S. CULPEPPER, ANCILLARY ADMINISTRATOR AND ROBERT E. HARTSHORN, ADMINISTRATOR OF THE ESTATE OF LYNDA SUE HARTSHORN, DECEASED. 42684 Record No. 7809.Supreme Court of Virginia. April 24, 1972 Present, All the Justices. Death by Wrongful Act — Pecuniary Loss — Not Supported by Record. Judgment reversed insofar […]

327 S.E.2d 95 FOX-SADLER COMPANY, INC. v. EARL E. NORRIS ROOFING COMPANY, INC. 44768 Record No. 820112Supreme Court of Virginia. at Richmond Decided March 8, 1985 Present: All the Justices In a dispute between two experienced construction contractors, judgment for the subcontractor was modified because parol evidence of unilateral mistake was received to vary the […]

57 S.E.2d 109 JAMES CECIL McHONE v. COMMONWEALTH OF VIRGINIA. 38945 Record No. 3623.Supreme Court of Virginia. January 16, 1950 Present, All the Justices. (1) False Imprisonment — Unlawful Detention After Proper Arrest — Prisoner Held Unreasonable Time Before Preliminary Examination. (2) False Imprisonment — Unlawful Detention After Proper Arrest — Prisoner May Not Be […]

428 S.E.2d 905 ALLIED FIBERS PLASTICS, ET AL. v. ERNEST J. CIBULA 48439 Record No. 920747Supreme Court of Virginia. April 16, 1993 Present: All the Justices There was no error in the ruling of the Court of Appeals that the employer in a workers’ compensation case is estopped from invoking the statute of limitations, and […]

30 S.E.2d 572 OLLIE WILSON COXE v. PHILIP AUGUSTUS COXE. 38211 Record No. 2806.Supreme Court of Virginia. June 22, 1944. Present, All the Justices. DIVORCE — Desertion — Sufficiency of Evidence — Case at Bar. — In the instant case, a suit for divorce on the ground of desertion, the husband testified that the wife […]

69 S.E.2d 336 JOSEPH RICHARD HUNDLEY, JR. v. COMMONWEALTH OF VIRGINIA. 39214 Record No. 3926.Supreme Court of Virginia. March 10, 1952 Present, All the Justices. (1) Automobiles — Driving While Intoxicated and Reckless Driving — Code Section 19-232 Not Applicable. (2) Criminal Procedure — Severance of Charges — Denied after Case Fully Developed. (3) Witnesses […]

311 S.E.2d 766 NORFOLK AND WESTERN RAILWAY COMPANY v. DONALD F. BAKER 44580 Record No. 811279Supreme Court of Virginia. January 20, 1984 Present: All the Justices. Personal injury suit against Railway for injury to plaintiff by car door was improperly submitted to Jury where no evidence existed of breach of duty proximately causing injury; N. […]

28 S.E.2d 709 J. L. RULE v. THE FIRST NAT’L BANK OF CLIFTON FORGE, VA., EXOR. 38152 Record No. 2727.Supreme Court of Virginia. January 24, 1944. Present, Campbell, C. J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. WILLS — Construction and Operation — Intention of Testator — Gathered from Words as Used by […]

385 S.E.2d 617 SHRINERS HOSPITALS FOR CRIPPLED CHILDREN v. NOAH MACK SMITH 46121 Record No. 880305Supreme Court of Virginia. November 10, 1989 Present: Carrico, C.J., Compton, Stephenson, Russell, Thomas,[*] Whiting, and Lacy, JJ. [*] Justice Thomas participated in the hearing and decision of this case prior to the effective date of his resignation, November 1, […]

630 S.E.2d 502 RANDALL A. EADS v. DAVID CLARK, GUARDIAN OF THE PERSON AND ESTATE OF ROY DALLAS JOHNSON, INCOMPETENT, ET AL. Record No. 051228.Supreme Court of Virginia. June 8, 2006. Present: Hassell, C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Carrico, S.J. The guardian for a person under a disability who had been […]

139 S.E.2d 68 ANNIE TURNER, ADMINISTRATRIX, ETC. v. NORFOLK SOUTHERN RAILWAY COMPANY. 41601 Record No. 5801.Supreme Court of Virginia. November 30, 1964 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) Railroads — Decedent Killed on Track — Issue of Last Clear Chance a Jury Question. (2) Evidence — Admission Against Interest […]

587 S.E.2d 570 BOARD OF SUPERVISORS OF FAIRFAX COUNTY, ET AL. v. RICHARD M. ROBERTSON. Record No. 030039.Supreme Court of Virginia. October 31, 2003. Present: All the Justices. Plaintiff owns 2.78 acres of real estate located abutting a busy airport access road. Because of the property’s configuration, virtually all the parcel lies within a 200-foot […]

372 S.E.2d 139 CITY COUNCIL OF THE CITY OF VIRGINIA BEACH v. JAMES L. HARRELL, III, ET AL. 45753 Record No. 851007Supreme Court of Virginia. September 23, 1988 Present: All the Justices Where applicants for a conditional use permit failed to present evidence that the use permitted under the ordinance or the existing zoning classification […]