Category: Virginia Supreme Court Opinions

540 S.E.2d 882 GERALD PAUL NAPERT v. THERESA MARIE NAPERT. Record No. 000562.Supreme Court of Virginia. January 12, 2001. Present: All the Justices. A husband filed a divorce proceeding. The wife filed a response, pro se, denying certain allegations of the bill of complaint. The husband mailed a copy of a “Motion to Establish Permanent […]

37 S.E.2d 14 CECIL RILEY WHITE v. COMMONWEALTH OF VIRGINIA. 38417 Record No. 3042.Supreme Court of Virginia. March 4, 1946. Present, Campbell, C. J., and Holt, Hudgins, Gregory, Browning and Spratley, JJ. 1. APPEAL AND ERROR — Evidence — How Considered. — Where accused has been convicted by the jury, which conviction is approved by […]

530 S.E.2d 909 HERMAN E. LEEMAN, ET AL. v. TROUTMAN BUILDS, INC. Record No. 992258.Supreme Court of Virginia. June 9, 2000. Present: All the Justices. A developer created a subdivision and in 1927 conveyed the subject lot with a restrictive covenant limiting construction to a single dwelling. In 1958 the developer’s corporate existence was terminated […]

387 S.E.2d 484 LANDMARK COMMUNICATIONS, INC., ET AL. v. SOVRAN BANK, N.A., TRUSTEE, ETC., ET AL. 46218 Record No. 880143Supreme Court of Virginia. January 12, 1990 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Lacy, JJ., and Harrison, Retired Justice The trial court correctly ruled that the remaindermen under a will creating a trust possessed […]

183 S.E.2d 741 MILDRED B. ALBRIGHT v. THE BOULEVARD BRIDGE CORPORATION. 42570 Record No. 7599.Supreme Court of Virginia. October 11, 1971 Present, All the Justices. Automobiles — Contributory Negligence — Jury Question. Not error to submit question of contributory negligence to jury where reasonable men could differ over conflict between Plaintiff’s testimony and other evidence. […]

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. […]

275 S.E.2d 900 DOUGLAS T. LOCKE v. JOHNS-MANVILLE CORPORATION, ET AL. 44084 Record No. 790171.Supreme Court of Virginia. March 6, 1981 Present: Carrico, C.J., Harrison, Cochran, Poff, Compton, Thompson, JJ., and Harman, S.J. Personal injury suit involving malignant mesothelioma caused by occupational inhalation of asbestos fibers improperly dismissed as untimely; limitation period runs from date […]

107 S.E.2d 408 FIRST NATIONAL EXCHANGE BANK OF ROANOKE, EX’R, ETC. v. SEABOARD CITIZENS NATIONAL BANK OF NORFOLK, ADM’R, ETC., ET AL. 40061 Record No. 4888.Supreme Court of Virginia. March 16, 1959 Present, All the Justices. (1) Wills — Presumption against Intestacy — Language Construed to Constitute Residuary Clause. (2) Wills — Final Settlement of […]

544 S.E.2d 334 BOARD OF SUPERVISORS OF FAIRFAX COUNTY, ET AL. v. MCDONALD’S CORPORATION, ET AL. Record No. 001484.Supreme Court of Virginia. April 20, 2001. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz and Lemons, JJ., and Whiting, S.J. The plaintiff had operated a fast-food restaurant for a few years without a drive-through facility. It then […]

3 S.E.2d 193 BEATRICE E. SAUNDERS v. RUSSELL’S, INCORPORATED 37533 Record No. 2061Supreme Court of Virginia. June 12, 1939 Present, All the Justices 1. OFFICERS AND AGENTS OF PRIVATE CORPORATIONS — Secretary and Treasurer — Duty to Act in Good Faith. — The secretary and treasurer of a corporation occupies a fiduciary position and is […]

362 S.E.2d 735 FOREST R. SMITH v. CREDICO INDUSTRIAL LOAN COMPANY, ET AL. 45509 Record No. 841185Supreme Court of Virginia. November 25, 1987 Present: All the Justices Judgment upholding a purchase at foreclosure is reversed because a substitute trustee under a deed of trust, even one who does not act as trustee at a foreclosure […]

115 S.E.2d 894 HARRY J. MOODY AND LORRAINE B. MOODY v. AUBREY L. LINDSEY. 41124 Record No. 5111.Supreme Court of Virginia. September 2, 1960 Present, All the Justices. (1) Streets and Highways — Highway Remains Such Until Vacated or Abandoned. (2) Streets and Highways — Highway Not Vacated Under Statute. (3) Streets and Highways — […]

202 S.E.2d 926 ELDRIDGE E. HALL, ADMINISTRATOR OF THE ESTATE OF DONNA SUE HALL, DECEASED v. RONALD LEWIS CARWILE AND JOHN DOE. 43013 Record No. 730351.Supreme Court of Virginia. March 4, 1974 Present, All the Justices. Death by Wrongful Act — Damages — Dependency. Dependency within contemplation of statute means actual dependency. Deceased adult daughter […]