Category: Virginia Supreme Court Opinions

177 S.E.2d 781 HOWARD THOMAS MCLOUGHLIN v. MARGERY CAUDLE MCLOUGHLIN. 42403 Record No. 7222.Supreme Court of Virginia. November 30, 1970 Present, All the Justices. Divorce — Property Settlement Incorporated Into Decree — Subsequent Remarriage of Wife. While divorce suit was pending husband agreed to pay $100 per month for support of wife and this agreement […]

88 S.E.2d 916 JOHN BOOTH v. COMMONWEALTH OF VIRGINIA. 39756 Record No. 4378.Supreme Court of Virginia. September 14, 1955 Present, All the Justices. Statutes — Provision Unconstitutionally Vague. Booth was prohibited to purchase or possess alcoholic beverages on the ground that he was an “improper person” within the provision of Code Sec. 1950, section 4-51(a). […]

304 S.E.2d 4 BILLY JOE KNOX v. COMMONWEALTH OF VIRGINIA 44500 Record No. 821550.Supreme Court of Virginia. June 17, 1983 Present: All the Justices. Husband properly convicted of statutory burglary under Code Sec. 18.2-92 when, while separated from his wife, he broke into and entered an apartment rented by her with the intent to commit […]

594 S.E.2d 921 VIDEO ZONE, INC. v. KFF PROPERTIES, L.C. Record No. 031486.Supreme Court of Virginia. April 23, 2004. Present: All the Justices. Plaintiff landlord entered a multi-year lease with the defendant video store for space in a shopping center. The lease provided that the lessee would, at its own expense, maintain and repair “the […]

258 S.E.2d 504 EDITH MARSHALL BROOKS v. COMMONWEALTH OF VIRGINIA 43867 Record No. 781756.Supreme Court of Virginia. October 5, 1979 Present: All the Justices. Evidence of defendant’s prior convictions for welfare fraud is admissible in a subsequent trial for a similar offense. Evidence — Admissibility of Defendant’s Prior Convictions for Similar Offenses in Welfare Fraud. […]

34 S.E.2d 378 EDGAR L. WILLIAMS v. ROSE S. WILLIAMS. 38345 Record No. 2924.Supreme Court of Virginia. June 6, 1945. Present, All the Justices. 1. DIVORCE — Appeal — Motion to Dismiss on Ground that Certain Evidence Was Not Incorporated in the Record — Case at Bar. — In the instant case, a suit to […]

223 S.E.2d 877 WILLIAM GLASGOW RUSSELL. v. COMMONWEALTH OF VIRGINIA. 43352 Record No. 750682.Supreme Court of Virginia. April 23, 1976 Present, All the Justices. (1) Criminal Procedure — Instructions — Missing-witness Presumption. (2) Criminal Law — Presumption of Innocence — Right to Stand Silent. (3) Instruction — Accomplice Testimony — Cautionary Instruction — Corroboration. 1. […]

6 S.E.2d 607 DR. J. E. MILLER v. G. C. JONES Supreme Court of Virginia. Richmond Record No. 2129 January 8, 1940 Present, Holt, Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. APPEAL AND ERROR — Evidence — Acceptance of Testimony in Favor of Party Prevailing in Trial Court. — Where a plaintiff has obtained […]

477 S.E.2d 521 UNION RECOVERY LIMITED PARTNERSHIP v. THOMAS E. HORTON, ET AL. Record No. 960329Supreme Court of Virginia. November 1, 1996 Present: All the Justices A receiver’s right to sue within a federal statute of limitations period is inherent in its possession of the instruments at issue in this case and is among the […]

129 S.E.2d 10 WILLIAM ALEX GRANT, AN INFANT, ETC. v. CARRINGTON EDWARD MAYS, AN INFANT, ETC. 204007 Record No. 5531.Supreme Court of Virginia. January 14, 1963 Present, Spratley, Buchanan, Whittle, Snead, I’Anson and Carrico, JJ. Contributory Negligence — Child of 14 Presumed Capable of — Error to Take Issue from Jury. Plaintiff, a child of […]

340 S.E.2d 813 DIANE BARBUTO, ET AL. v. SOUTHERN BANK 44997 Record No. 821408Supreme Court of Virginia. March 7, 1986 Present: All the Justices The trial court’s denial of a motion to quash a judgment levy upon a safe deposit box is affirmed where petitioners were not parties to the judgment and attempted to proceed […]

297 S.E.2d 671 JANE LYLES BAUSERMAN; TERRY GINGELL; MARY GINGELL WALKER; THOMAS GINGELL AND JANE GINGELL, MINORS; DONALD D. DIGIULIAN; MARIE ANN DIGIULIAN AND CHARLES JOSEPH DIGIULIAN, MINORS v. JOHN P. DIGIULIAN AND WILLIAM C. BAUKNIGHT, CO-EXECUTORS OF THE ESTATE OF INEZ A. DIGIULIAN, DECEASED; JOHN P. DIGIULIAN; THOMAS M. DIGIULIAN; CARLA DIGIULIAN AND ANNE […]

77 S.E.2d 447 ROBERT O. CROSS v. COMMONWEALTH OF VIRGINIA. 39381 Record No. 4094.Supreme Court of Virginia. September 10, 1953 Present, All the Justices. (1) Criminal Procedure — Double Jeopardy — Defense Waived By Appealing from Conviction. (2) Witnesses — Competency of Infant — Determined as of Time Testimony Offered. (3) Evidence — Infant’s Testimony […]

2 S.E.2d 309 SYDNOR, HOWEY COMPANY, INC. v. J. M. SYDNOR Supreme Court of Virginia. Richmond Record No. 2036 April 10, 1939 Present, All the Justices 1. STOCK AND STOCKHOLDERS — Sale of Stock to Corporation — Construction of Contract — Effect of Sale for “Net Cash” on Debt of Stockholder — Case at Bar. […]

302 S.E.2d 30 NANCY H. SCOTT v. ANTHONY I. SYLVESTER 44473 Record No. 801871.Supreme Court of Virginia. April 29, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Stephenson, and Russell, JJ., and Harrison, Retired Justice. Under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), Code Sec. 20-88.30(a), the Virginia Court should accord the parties the […]

139 S.E.2d 838 ROBERT Y. BUTTON, ATTORNEY GENERAL OF VIRGINIA v. SIDNEY C. DAY, JR., COMPTROLLER OF VIRGINIA. 41608 Record No. 5968.Supreme Court of Virginia. January 18, 1965 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. Constitution, Section 184-a — Creation of Debt by Educational Institution — Special Fund Doctrine Applicable. By […]

69 S.E.2d 346 HARVEY L. HOWLETT v. CITY OF SOUTH NORFOLK. 39227 Record No. 3901.Supreme Court of Virginia. March 10, 1952 Present, All the Justices. (1) Municipal Corporations — Negligence in Making Improvements — Defenses — Agreement of Abutting Owners to Pay Part of Costs. (2) Municipal Corporations — Negligence in Making Improvements — Liability. […]

140 S.E.2d 667 D. T. VICARS v. ATLANTIC DISCOUNT COMPANY, INC. 41637 Record No. 5883.Supreme Court of Virginia. March 8, 1965 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) Detinue — Necessary Elements of Plaintiff’s Case Stated. (2) Detinue — Claim of Financing Agency to Stolen Automobiles — Plaintiff Held to […]

36 S.E.2d 632 MARTIN MOON, ET ALS., ETC. v. VIRGINIA NORVELL, ET ALS., ETC. 38410 Record No. 2986.Supreme Court of Virginia. January 14, 1946. Present, All the Justices. 1. WILLS — Execution — Purpose of Code Section 5229. — The purpose of section 5229 of the Code of 1942, in prescribing formalities for the execution […]