111 S.E.2d 405 A. HADRUP, ET AL. v. THOMAS BATTAILE SALE, JR., ET AL. 41051 Record No. 5006.Supreme Court of Virginia. November 30, 1959 Present, All the Justices. Mechanic’s Lien — Property Sold During Construction — Work Held Not Terminated By Sale. Hadrup contracted to do plumbing and heating work on a house being built […]
Category: Virginia Supreme Court Opinions
COMMONWEALTH v. WOODWARD, 249 Va. 21 (1995)
452 S.E.2d 656 COMMONWEALTH OF VIRGINIA v. JAMES M. WOODWARD 50004 Record No. 940140Supreme Court of Virginia. January 13, 1995 Present: Carrico, C.J., Compton, Stephenson, Whiting, Lacy and Hassell, JJ., and Cochran, Retired Justice Since a prisoner performing inmate labor on a road crew is not an “employee” of the Commonwealth within the meaning of […]
ALBEMARLE OIL CO. v. WALTON, 162 Va. 373 (1934)
174 S.E. 680 ALBEMARLE OIL AND GAS COMPANY, INC. v. C. E. WALTON 36720Supreme Court of Virginia. June 14, 1934 Present, Campbell, C.J., and Holt, Epes, Hudgins, Gregory and Browning, JJ. CONTRACTS — Action for Breach of Contract — Excessive Damages — Verdict Set Aside — New Trial on the Question of Damages Only — […]
DEVELOPMENT CORP. v. CITY OF Va. BEACH, 211 Va. 715 (1971)
180 S.E.2d 533 FAIRFIELD DEVELOPMENT CORPORATION v. CITY OF VIRGINIA BEACH, A MUNICIPAL CORPORATION. LUMARRO DEVELOPMENT CORPORATION v. CITY OF VIRGINIA BEACH, A MUNICIPAL CORPORATION. POINT “O” VIEW, INC. v. CITY OF VIRGINIA BEACH, A MUNICIPAL CORPORATION. 42478 Record Nos. 7392, 7393 and 7394.Supreme Court of Virginia. April 26, 1971. Present, Snead, C.J., Carrico, Gordon, […]
MIDKIFF v. COMMONWEALTH, 250 Va. 262 (1995)
462 S.E.2d 112 THOMAS JEFFERSON MIDKIFF v. COMMONWEALTH OF VIRGINIA 50434 Record No. 941716Supreme Court of Virginia. Decided: September 15, 1995 Present: Carrico, C.J., Compton, Stephenson, Whiting,[1] Lacy, Hassell, and Keenan, JJ. [1] Justice Whiting participated in the hearing and decision of this case prior to the effective date of his retirement on August 12, […]
LO v. BURKE, 249 Va. 311 (1995)
455 S.E.2d 9 HING-HAR LO, M.D., ET AL. v. JAMES F. BURKE, EXECUTOR, ETC. 50035 Record No. 940416Supreme Court of Virginia. March 3, 1995 Present: All the Justices In this wrongful death action, the defendants did not meet their burden of proving when the plaintiff’s cause of action accrued for the purpose of a statute […]
BATEMAN v. COMMONWEALTH, 183 Va. 253 (1944)
32 S.E.2d 134 WALTER BATEMAN v. COMMONWEALTH OF VIRGINIA. 38251 Record No. 2848.Supreme Court of Virginia. November 20, 1944. Present, All the Justices. 1. ARGUMENTS AND CONDUCT OF COUNSEL — Comments Relating to Accused — Statement That Accused Knew Employer Was in Court — Case at Bar. — In the instant case, a prosecution for […]
RAIFORD v. RAIFORD, 193 Va. 221 (1952)
68 S.E.2d 888 ROBERT HARVY RAIFORD v. LORRAYNE SPEAR RAIFORD. 39189 Record No. 3865.Supreme Court of Virginia. January 21, 1952 Present, All the Justices. (1) Rules of Court — Court of General Jurisdiction — Adoption of Rule of Practice. (2) Rules of Court — Court of General Jurisdiction — Adoption of Rule of Practice — […]
BITTORF v. COMMONWEALTH, 218 Va. 453 (1977)
237 S.E.2d 782 HOWARD FRANKLIN BITTORF v. COMMONWEALTH OF VIRGINIA 43577 Record No. 761542.Supreme Court of Virginia. October 7, 1977 Present: All the Justices. Officer’s testimony concerning nonverbal assertion that bloodstained shirt belonged to defendant’s companion and was worn by companion when he returned from scene of crime is inadmissible under hearsay rule. [Facts and […]
PEARCEY v. ST. PAUL FIRE INS. CO., 163 Va. 928 (1935)
177 S.E. 843 G. H. PEARCEY v. SAINT PAUL FIRE AND MARINE INSURANCE COMPANY 36832Supreme Court of Virginia. January 17, 1935 Present, Campbell, C.J., and Holt, Epes, Hudgins and Chinn, JJ. 1. FIRE INSURANCE — Exemption from Loss by Explosion — Explosion Caused by Fire. — The usual exception in a fire insurance policy of […]
THOMAS v. NOWLIN, 157 Va. 447 (1931)
161 S.E. 246 R. L. THOMAS v. A. S. NOWLIN 36295Supreme Court of Virginia. November 12, 1931 Present, Prentis, C.J., and Epes, Hudgins, Gregory and Browning, JJ. 1. FRAUD AND DECEIT — Proof of Fraud — Presumption of Fraud. — Fraud is an ugly thing. It is against every conception of right — of what […]
STURGILL v. COMMONWEALTH, 175 Va. 584 (1940)
7 S.E.2d 141 J. M. STURGILL AND JEFF FLANARY v. COMMONWEALTH 37685 Record No. 2208Supreme Court of Virginia. February 26, 1940 Present, All the Justices 1. APPEAL AND ERROR — Appealable Judgments and Decrees — At Common Law. — At common law a writ of error was only awarded to a final judgment. 2. APPEAL […]
GOINS v. COMMONWEALTH, 218 Va. 285 (1977)
237 S.E.2d 136 HENRY LEE GOINS, ETC. v. COMMONWEALTH OF VIRGINIA 43565 Record No. 761131.Supreme Court of Virginia. September 1, 1977 Present: All the Justices. Identification of defendant by witness now deceased inadmissible under res gestae exception to hearsay rule; circumstantial evidence sufficient to convict. (1) Evidence — Hearsay Rule — Res Gestae Exception. (2) […]
CORBETT v. BONNEY, 202 Va. 933 (1961)
121 S.E.2d 476 SADIE M. CORBETT v. SHIRLEY ANN BONNEY. 41254 Record No. 5291.Supreme Court of Virginia. September 8, 1961 Present, All the Justices. (1) Releases — Fraud in Procurement Not Proved. (2) Releases — Mutual Mistake of Fact Not Proved. 1. Mrs. Bonney and her husband, with whom she was riding, were injured when […]
DEP’T OF MED. ASSISTANCE v. BEVERLY HEALTHCARE, 268 Va. 278 (2004)
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES v. BEVERLY HEALTHCARE OF FREDERICKSBURG, ET AL. Record No. 032313.Supreme Court of Virginia. September 17, 2004. Present: All the Justices In 1996, eight Virginia nursing homes participating in the federal Medicaid program administered by the defendant Department of Medical Assistance Services challenged the Department’s determination that a federal regulation adopted […]
RIDDLE v. BARKSDALE, 194 Va. 766 (1953)
75 S.E.2d 507 GUY P. RIDDLE v. GEORGE LEE BARKSDALE. 39356 Record No. 3993.Supreme Court of Virginia. April 20, 1953 Present, Spratley, Buchanan, Miller, Smith and Whittle, JJ. (1) Automobiles — Contributory Negligence — Not Shown As Matter of Law. (2) Infants — Failure to Sue By Next Friend — Judgment for Infant Affirmed. 1. […]
ATKINS v. COMMONWEALTH, 266 Va. 73 (2003)
581 S.E.2d 514 DARYL RENARD ATKINS v. COMMONWEALTH OF VIRGINIA. Record No. 000395.Supreme Court of Virginia. June 6, 2003. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ. and Carrico,[1] S.J. [1] Chief Justice Carrico presided and participated in the hearing and decision of this case prior to the effective date of his retirement […]
WALLACE v. JONES, 168 Va. 38 (1937)
190 S.E. 82 JOHN G. WALLACE, III v. MARY E. JONES 37190Supreme Court of Virginia. March 11, 1937 Present, Campbell, C.J., and Gregory, Browning and Spratley, JJ. 1. PROXIMATE AND REMOTE CAUSE — Proximate Cause Defined. — The proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any […]
ARMSTRONG v. ERASMO, 220 Va. 883 (1980)
263 S.E.2d 655 GEORGE A. ARMSTRONG v. DR. RAMON R. ERASMO, ET AL. MARY WELSH, ADMINISTRATRIX, ETC. v. NEWPORT NEWS GENERAL AND NONSECTARIAN HOSPITAL ASSOCIATION, INCORPORATED, T/A, ETC., ET AL. 43935 Record No. 780625. Record No. 780802.Supreme Court of Virginia. February 29, 1980. Present: I’Anson, C.J., Carrico, Harrison, Cochran, Poff and Compton, JJ. “Has filed” […]
ANTHONY v. COMMONWEALTH, 179 Va. 303 (1942)
18 S.E.2d 897 PAUL ANTHONY v. COMMONWEALTH OF VIRGINIA. Supreme Court of Virginia. Richmond Record No. 2521. March 2, 1942. Present, All the Justices. 1. AUTREFOIS, ACQUIT AND CONVICT — Offenses against Different Jurisdictions — Code Section 4775 — Prosecution under Ordinance No Bar to Prosecution under Statute — Case at Bar. — In the […]