Category: Virginia Supreme Court Opinions

650 S.E.2d 684 JOSEPH CLIFTON PRUITT v. COMMONWEALTH OF VIRGINIA. Record No. 061701.Supreme Court of Virginia. September 14, 2007. Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Lacy, S.J.[1] [1] Justice Lacy participated in the hearing and decision of this case prior to the effective date of her retirement on August 16, […]

237 S.E.2d 145 FIRST CHARTER LAND CORPORATION v. ATLANTIC DREDGING, INC. AND EAST COAST DREDGING, INC. 43568 Record No. 760857.Supreme Court of Virginia. September 1, 1977 Present: Carrico, Harrison, Cochran, Harman, Poff and Compton, JJ. Discretion of court in discovery under Rule 4:9; effect upon recovery by contractor of failure to register under Code Sec. […]

263 S.E.2d 52 RONNIE WAYNE DUTTON v. COMMONWEALTH OF VIRGINIA 43920 Record No, 790524.Supreme Court of Virginia. February 29, 1980 Present: I’Anson, C.J., Carrico, Harrison, Cochran, Poff and Compton, JJ. Evidence insufficient to support conviction of possession of marijuana with intent to distribute when no evidence precludes the inference that small quantity seized was held […]

307 S.E.2d 249 KINGS MARKETS, INC. v. JAMES ELMO YEATTS AND J.B. FOREHAND, JR., AND DONALD G. HEPPNER t/a FOREHAND AND HEPPNER PROPERTIES 44536 Record No. 801969.Supreme Court of Virginia. September 9, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Stephenson, and Thomas, JJ., and Harrison, Retired Justice. Defendant operating grocery store liable in negligence for […]

643 S.E.2d 151 Joseph G. Petrosinelli v. PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. Record No. 061785.Supreme Court of Virginia. April 20, 2007. Present: All the Justices. An animal rights activist group brought two civil cases against, among others, the principal of an entertainment company that owns and operates a circus. Despite three prior […]

710 S.E.2d 733 COMMONWEALTH OF VIRGINIA v. DAVID ELWOOD McNEAL, SR. Record No. 101933.Supreme Court of Virginia. June 9, 2011. Appeal from the Court of Appeals of Virginia. Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Lacy and Koontz, S.JJ. OPINION BY CHIEF JUSTICE CYNTHIA D. KINSER. David Elwood McNeal, Sr., was convicted […]

23 S.E.2d 761 WILLARD STORES, INCORPORATED v. CHARLES A. CORNNELL, ADMINISTRATOR, ETC. Supreme Court of Virginia. Richmond Record No. 2602. January 18, 1943. Present, Campbell, C.J., and Gregory, Browning, Eggleston and Spratley, JJ. 1. NEGLIGENCE — Burden of Proof — To Show Primary Negligence and Proximate Cause. — Before plaintiff is entitled to recover on […]

213 S.E.2d 757 MARY LOUISE BURTON v. COMMONWEALTH OF VIRGINIA. 43189 Record No. 740869.Supreme Court of Virginia. April 28, 1975 Present, All the Justices. Drug Distribution — Accommodation — Intent. Accused delivered prisoner’s clothing to him. Drugs had been concealed in clothing. Although possession was established, accused denied any knowledge of the drugs. Witnesses testified […]

43 S.E.2d 831 CLARENCE FRED KRUMMERT v. COMMONWEALTH OF VIRGINIA. 38606 Record No. 3253.Supreme Court of Virginia. September 3, 1947 Present, All the Justices. 1. STATUTES — Construction — Court Follows Purpose of Legislature. — In the construction of constitutional statutes, the Supreme Court of Appeals follows where it can the purpose of the Legislature. […]

277 S.E.2d 170 ROBERT B. PLEASANTS v. GERTRUDE L. PLEASANTS 44094 Record No. 790583.Supreme Court of Virginia. April 24, 1981 Present: All the Justices. A deed should be reformed to reflect the clear intent of the parties to take a tenancy by the entirety; the property having been sold and the parties having been divorced […]

1 S.E.2d 255 SOUTHERN RAILWAY COMPANY v. LEWIS S. CAMPBELL Supreme Court of Virginia. Richmond Record No. 2031 February 20, 1939 Present, All the Justices 1. APPEAL AND ERROR — Evidence — Evidence of Party Prevailing in Trial Court Accepted as True. — Where there has been a verdict for plaintiff approved by the trial […]

71 S.E.2d 195 EAGLE LODGE, INCORPORATED v. ARTHUR N. HOFMEYER. 39258 Record No. 3928.Supreme Court of Virginia. Decided: June 16, 1952. Present, Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) Equity — Pleading — Time Limit for Filing Answer — Purpose of Code Sec. 8-121. (2) Equity — Pleading — Time Limit for Filing Answer […]

295 S.E.2d 789 KENNETH LEE JOHNSON v. BRANDON I. HAAS, ETC. 44370 Record No. 801819.Supreme Court of Virginia. October 15, 1982 Present: All the Justices. Proper foundation for use of tables as to speed and stopping distance in Code Sec. 46.1-195(a) in instructions must be established by clear proof of facts appearing in Code Sec. […]

79 S.E.2d 643 T. DAN THOMPSON, JR., AND ANOTHER v. H. HESSY MILLER, ET AL. 39427 Record No. 4163.Supreme Court of Virginia. January 25, 1954 Present, Hudgins, C.J., and Eggleston, Miller, Smith and Whittle, JJ. (1) Mortgages — Release of Lien — Not Effected by Corporation’s Renewal of Partnership Note. (2) Suretyship and Indemnity — […]

495 S.E.2d 251 THE MARINER’S MUSEUM, ET AL. v. CITY OF NEWPORT NEWS Record No. 970833Supreme Court of Virginia. January 9, 1998 Present: All the Justices In an action for relief from alleged erroneous assessment of local taxes, the trial court correctly held that a charitable corporation forfeits exemption from real estate taxes when it […]

104 S.E.2d 735 SOUTHERN MOTOR LINES COMPANY v. LOTTIE PEARL ALVIS, ET AL. 39999 Record No. 4835.Supreme Court of Virginia. September 10, 1958 Present, Eggleston, C.J., and Spratley, Buchanan, Miller, Whittle and Snead, JJ. (1) Workmen’s Compensation — Rules Controlling Recovery of Award Stated. (2) Workmen’s Compensation — Death Caused by Fall From Hotel Window […]

222 S.E.2d 529 SHARON LYNN BURNSIDE v. WILLIAM MALDEN BURNSIDE. 43327 Record No. 750358.Supreme Court of Virginia. March 5, 1976 Present, All the Justices. Divorce — Custody — Child’s Best Interest. Both parents have remarried. Mother lives in Arizona. Father continues to live in Virginia where child was born. Neither parent is unfit. Statute provides […]

324 S.E.2d 682 WALTER R. C. STAMPER v. COMMONWEALTH OF VIRGINIA 44755 Record No. 832043.Supreme Court of Virginia. January 18, 1985. Present: All the Justices. Attorney who received marijuana as legal fee convicted of possession of marijuana with intent to distribute; entrapment and other issues considered. (1) Criminal Procedure — Indictment — Rules of Court […]