Category: Virginia Supreme Court Opinions

129 S.E.2d 43 GENEVA C. GUSS AND JAMES C. GUSS v. SYDNEY REALTY CORPORATION. 204010 Record No. 5530.Supreme Court of Virginia. January 14, 1963 Present, All the Justices. (1) Real Property — Error in Deed and Plat — Bona Fide Purchaser from Grantee Takes Free of Latent Defect. (2) Real Property — Bona Fide Purchaser […]

530 S.E.2d 148 FREDERICKSBURG CONSTRUCTION COMPANY, INC. v. J.W. WYNE EXCAVATING, INC. Record No. 992259.Supreme Court of Virginia. June 9, 2000. Present: All the Justices. A construction company sued an excavating contractor for failure to complete certain work. The excavator counterclaimed for money due. After a demurrer was sustained, the counterclaim was re-pled in a […]

143 S.E.2d 876 KARL GORDON WAGNER v. MABEL MICHAEL FIERY, TRADING, ETC., ET AL. 41730 Record No. 5992.Supreme Court of Virginia. September 10, 1965 Present, All the Justices. (1) Automobiles — Vehicle Struck from Rear on Highway — Reversible Error Committed in Instructions. (2) Automobiles — Slowing Down on Highway — No Duty to Signal […]

204 S.E.2d 280 LARRY I. VASS v. COMMONWEALTH OF VIRGINIA. 43048 Record No. 730369.Supreme Court of Virginia. April 22, 1974 Present, All the Justices. (1) Search and Seizure — Warrantless Seizure — Moving Vehicle. (2) Warrantless Search — Moving Vehicle — Probable Cause — Additional Evidence. (3) Search and Seizure — Probable Cause — Suspicion […]

350 S.E.2d 633 WILLIAM SILAS CUMBEE, JR. v. JOHN B. MYERS, JR., CLERK CIRCUIT COURT OF MONTGOMERY COUNTY 45198 Record No. 831353Supreme Court of Virginia. November 26, 1986 Present: All the Justices The judgment is reversed and a writ of mandamus to compel the recordation of a deed is granted where the acknowledgment certificates were […]

278 S.E.2d 801 DAVE G. BERGMANN v. L W DRYWALL AND SELECTED RISKS INSURANCE COMPANY 44126 Record No. 801267.Supreme Court of Virginia. June 12, 1981 Present: All the Justices. When two rules of law — one regarding the claimant’s burden of proof, and one regarding a disability with two causes — are confused by the […]

31 S.E.2d 260 RALPH TAYLOR AND MALCOLM TAYLOR v. KING COLE THEATRES, INCORPORATED, ET ALS. 38240 Record No. 2833.Supreme Court of Virginia. September 6, 1944. Present, Campbell, C.J., and Hudgins, Gregory, Eggleston and Spratley, JJ. 1. LANDLORD AND TENANT — Assignments — Assignability of Leases Generally. — In the absence of an express prohibition, all […]

419 S.E.2d 627 RAVENWOOD TOWERS, INC., ET AL. v. EDNA M. WOODYARD 48004 Record No. 911181Supreme Court of Virginia. June 5, 1992 Present: All the Justices In a personal injury case the trial court did not err in allowing the testimony of an ophthalmologist or in refusing to rule that the plaintiff was contributorily negligent […]

173 S.E.2d 851 LEO FRANKLIN FORESTER v. COMMONWEALTH OF VIRGINIA. 42347 Record No. 7212.Supreme Court of Virginia. April 27, 1970 Present, All the Justices. (1) Criminal Procedure — Defective Indictment — Must be Questioned Before Verdict. (2) Criminal Procedure — Question Not Raised in Trial Court. 1. Although indictment under drug abuse act was imperfect, […]

415 S.E.2d 436 CATHERINE EDLOW v. ALICIA ARNOLD 47640 Record No. 910675Supreme Court of Virginia. February 28, 1992 Present: Carrico, C.J., Compton, Stephenson, Lacy, Hassell, Keenan, JJ., and Poff, Senior Justice In an automobile collision case, the jury found that the defendant had conducted herself as an ordinarily prudent person could have done under the […]

585 S.E.2d 550 SHANNON GAIL ATKINS v. ESTELLE BROWN RICE. Record No. 022479.Supreme Court of Virginia. September 12, 2003. Present: All the Justices. In a personal injury case arising from an automobile accident, the defendant made a special appearance and filed a motion to dismiss for failure of the plaintiff to serve process within one […]

677 S.E.2d 294 EILEEN M. McLANE, FAIRFAX COUNTY ZONING ADMINISTRATOR v. DEREK B. VEREEN, ET AL. Record No. 081863.Supreme Court of Virginia. June 4, 2009. Present: All the Justices. When county zoning enforcement of ordinance provisions barring residents from maintaining a “junk yard” on their premises led to a complaint in circuit court, the parties […]

104 S.E.2d 7 THOMAS K. KELLEY, SR. v. COUNTY OF BRUNSWICK. 39984 Record No. 4800.Supreme Court of Virginia. June 16, 1958 Present, All the Justices. (1) Municipal Corporations — Criminal Ordinance — Not Effective Beyond Town Limits. (2) Municipal Corporations — Concurrent Jurisdiction with Counties over Crimes — Court Not Required to Assume. (3) Former […]

171 S.E.2d 854 MARIAN W. EDWARDS, ADMINISTRATRIX, ETC. v. JUANITA BROWN JACKSON. 42293 Record No. 7031.Supreme Court of Virginia. January 19, 1970 Present, All the Justices. (1) Pleading and Practice — Negligence — Joinder of Action. (2) Evidence — Death Certificate. 1. Trial court denied plaintiff’s motion to join action for personal injury under survival […]

385 S.E.2d 561 WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. v. CITY OF VIRGINIA BEACH 46096 Record No. 880524Supreme 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 […]

165 S.E.2d 414 WILLIE SHOCKET, EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF MYER TABAKEN, DECEASED, JACOB TABAKEN AND CARRIE TABAKEN v. SAMUEL SILBERMAN AND M. DAVID GRANDIS, EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF JENNIE TABAKEN, DECEASED, ET AL. 42158 Record No. 6831.Supreme Court of Virginia. January 20, 1969 Present, All the Justices. […]

329 S.E.2d 13 WESTERN ELECTRIC COMPANY v. BRENDA E. GILLIAM 44787 Record No. 831835Supreme Court of Virginia. at Richmond Decided April 26, 1985 Present: All the Justices Tendonitis [tenosynovitis] with origin in repeated work movements and their trauma, is an “ordinary disease of life” to which public is exposed and, under current legislation, disability from […]

198 S.E.2d 591 ERNEST H. MOLLENAUER v. NATIONWIDE MUTUAL INSURANCE COMPANY. 42927 Record No. 8139.Supreme Court of Virginia. August 30, 1973 Present, All the Justices. Insurance Contract — Construction — Coverage. If fair reading of policy covering loss of money, inside and outside premises, would support coverage, court will effectuate coverage. Under policy naming Mollenauer, […]