Category: Virginia Supreme Court Opinions

141 S.E.2d 748 RONALD A. JAMES v. CITY OF NORFOLK. 41687 Record No. 6002.Supreme Court of Virginia. April 26, 1965 Present, All the Justices. (1) Automobiles — Right of Way — Conviction of Failing to Yield Reversed. (2) Appeal and Error — Contention that Point First Raised on Appeal Rejected. 1. James, driving south on […]

487 S.E.2d 200 ANNA LEE HORTON v. HOWARD P. HORTON Record No. 961176Supreme Court of Virginia. June 6, 1997 Present: All the Justices A party’s failure to perform a contractual obligation was a material breach of the contract and barred recovery for the other party’s nonperformance, and the trial court’s judgment is affirmed. Contracts — […]

181 S.E.2d 618 JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY v. VIRGINIA NATIONAL BANK. 42518 Record No. 7477.Supreme Court of Virginia. June 14, 1971 Present, Snead, C.J., I’Anson, Gordon, and Cochran, JJ. (1) Equity — Estoppel — Misrepresentation. (2) Insurance — Assignment — Automatic Premium Loans. 1. Burden of proof rests upon party relying upon estoppel […]

561 S.E.2d 730 SOUTHERN INSURANCE COMPANY OF VIRGINIA v. JOHN A. WILLIAMS, ET AL. Record No. 011583.Supreme Court of Virginia. April 19, 2002. Plaintiff insured applied as an individual for a businessowners insurance policy relating to a furniture and appliance store at a specified location. The application listed the business as “mercantile” under the space […]

110 S.E.2d 509 AMERICAN DRUGGISTS’ INSURANCE COMPANY v. COMMONWEALTH OF VIRGINIA. 41029 Record No. 4990.Supreme Court of Virginia. October 12, 1959 Present, All the Justices. Insurance — Fire Insurance Rates — Deviation from Manual Rates Denied. Under Code 1950, section 38.1-258, the Company petitioned for a 25 per cent downward deviation from the manual rates […]

62 S.E.2d 1 MAGDALENE LORETTA BALLARD v. PERCY M. COX ET AL. 39056 Record No. 3699.Supreme Court of Virginia. November 27, 1950 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan and Miller JJ. (1) Wills — Proof of Execution — Sufficiency of Evidence. (2) Wills — Revocation — Lost or Destroyed Will — Presumption of Revocation. […]

24 S.E.2d 448 SARAH REBECCA ANDREWS WHITE v. JOHN HUMBER WHITE. Supreme Court of Virginia. Richmond Record No. 2622. March 8, 1943. Present, Campbell, C.J. and Holt, Hudgins, Gregory, Eggleston and Spratley, JJ. 1. DIVORCE — Power to Grant Is Statutory. — The power to grant divorces in Virginia is purely statutory. 2. DIVORCE — […]

402 S.E.2d 1 THOMAS H. OXENHAM, III v. VIRGINIA JOHNSON 46835 Record No. 900544Supreme Court of Virginia. March 1, 1991 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Hassell, JJ., and Poff, Senior Justice. Because the trial court’s inference of an intent to harass from a failure to investigate was based on a clearly erroneous […]

249 S.E.2d 185 NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY v. EARLEAN HUNTER 43744 Record No. 770513.Supreme Court of Virginia. November 22, 1978 Present: All the Justices. Illegal sale of alcoholic beverages ground for termination of lease in public housing project. (1) Real Property — Public Housing — Illegal Business as Cause for Termination of Lease. […]

201 S.E.2d 801 STANDARD PRODUCTS COMPANY, INC. v. WOOLDRIDGE COMPANY, LTD., AND JAMES V. FINNEGAN. 42997 Record No. 8245.Supreme Court of Virginia. January 14, 1974 Present, All the Justices. Pleading and Practice — Misjoinder — Election of Remedies. Standard filed action against Wooldridge and Finnegan sounding in tort, which it by adding count for breach […]

306 S.E.2d 896 EAST TEXAS SALVAGE MACHINE v. CLEVELAND DUNCAN, t/a INTERSTATE BODY SHOP 44534 Record No. 810152.Supreme Court of Virginia. September 9, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Stephenson, and Thomas, JJ., and Harrison, Retired Justice. Where the parties agree by contract that attorney’s fees will be recoverable, the Court properly allowed Plaintiff […]

392 S.E.2d 814 UNITED STATES FIDELITY GUARANTY COMPANY v. CARLIS McGLOTHLIN 46403 Record No. 891176Supreme Court of Virginia. June 8, 1990 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting and Lacy, JJ., and Harrison, Retired Justice Even if the language of a homeowner’s insurance policy is construed most strongly against the insurer, the limitation covering “trailers” […]

199 S.E.2d 529 CHARLES F. WOODY v. COMMONWEALTH OF VIRGINIA. 42956 Record No. 8233.Supreme Court of Virginia. October 8, 1973 Present, All the Justices. (1) Criminal Procedure — Testimony of Accomplices — Credibility. (2) Constitutional Law — Self-Incrimination — Favorable Treatment on other Crimes. (3) Criminal Procedure — Bias of Witness — Police Officer’s Testimony […]

516 S.E.2d 219 COMMONWEALTH OF VIRGINIA v. JERAMIE MICHAEL BAKER. Record No. 982102.Supreme Court of Virginia. June 11, 1999. Present: All the Justices. A judgment of the Court of Appeals, under a now-superseded version of the Code, declaring the transfer of jurisdiction from a juvenile and domestic relations district court to a circuit court ineffectual […]

405 S.E.2d 846 F. WAYNE McLESKEY, JR. v. OCEAN PARK INVESTORS, LTD. 47207 Record No. 901365Supreme Court of Virginia. June 7, 1991 Present: All the Justices Since the party seeking rescission of a contract for the sale of real property had previously taken the inconsistent position of seeking to enforce the contract, estoppel is warranted […]

132 S.E.2d 436 VIRGINIA ELECTRIC AND POWER COMPANY v. CHARLES C. PATTERSON, ET AL. 204081 Record No. 5601.Supreme Court of Virginia. September 11, 1963 Present, Eggleston, C.J., and Buchanan, Snead, I’Anson and Carrico, JJ. (1) Eminent Domain — Award of Commissioners — Controlling Rules Stated. (2) Eminent Domain — Examination of Commissioners — Error Not […]

200 S.E.2d 551 CITY OF CHARLOTTESVILLE v. COUNTY OF ALBEMARLE, ET AL. 42975 Record No. 8208.Supreme Court of Virginia. November 26, 1973 Present, All the Justices. Cities, Counties and Towns — Annexation — Second Proceeding in Five Years — Statutory Construction. Annexation proceeding filed pursuant to ordinance which did not comply with mandatory statutory requirements […]