Category: Virginia Supreme Court Opinions

7 S.E.2d 890 J. H. OWEN v. RUBY PULLIAM OWEN 37649 Record No. 2207Supreme Court of Virginia. April 8, 1940 Present, All the Justices 1. DIVORCE — Appeal and Error — Weight of Decree Where Evidence Heard Ore Tenus. — Where the evidence in a divorce suit is heard ore tenus by the court its […]

397 S.E.2d 671 JOHN T. FALLS v. VIRGINIA STATE BAR, ET AL. 46452 Record No. 900212Supreme Court of Virginia. November 9, 1990 Present: All the Justices The trial court correctly held that a provision of the statute of frauds bars enforcement of an employment contract that was to continue as long as the employee’s job […]

445 S.E.2d 97 VULCAN MATERIALS COMPANY v. BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, ET AL. 49603 Record No. 930764Supreme Court of Virginia. June 10, 1994 Present: Carrico, C.J., Compton, Stephenson, Whiting, Lacy and Keenan, JJ., and Poff, Senior Justice In a land use controversy, the trial court erred in ruling that a landowner was precluded […]

563 S.E.2d 727 OSCAR JOHNSON, ADMINISTRATOR OF THE ESTATE OF CYNTHIA Y. BELL, DECEASED v. JOSEPH JOHN RAVIOTTA, M.D., ET AL. Record No. 012009.Supreme Court of Virginia. June 7, 2002. Present: All the Justices. The defendant doctor provided prenatal care to a pregnant woman. During the 30th week of the pregnancy the patient suffered complications, […]

294 S.E.2d 882 STEPHEN MATTESON EPPERLY v. COMMONWEALTH OF VIRGINIA 44368 Record No. 810626.Supreme Court of Virginia. September 9, 1982 Present: All the Justices. First degree murder conviction of missing victim sustained; requirements for proof of corpus delicti and premeditation discussed; dog tracking evidence admissible and requirements for admission stated. (1) Criminal Procedure — Murder, […]

93 S.E.2d 334 DIDENA BOSTIC AND CARNIE ODELL BOSTIC, AN INFANT WHO SUES BY HIS NEXT FRIEND, DIDENA BOSTIC v. J. B. WHITED AND ROY REEDY. 39757 Record No. 4483.Supreme Court of Virginia. June 18, 1956 Present, All the Justices. (1) Appeal and Error — Errors Considered in Order Committed. (2) Trespass — Mining of […]

366 S.E.2d 73 JOSEPHINE PLUMMER v. LANDMARK COMMUNICATIONS, INC. 45600 Record No. 861201Supreme Court of Virginia. March 4, 1988 Present: All the Justices In an employee’s negligence action against her employer. where the allegations demonstrate that the exclusive remedy was under the Workers’ Compensation Act, an order sustaining defendant’s plea to the jurisdiction is affirmed. […]

207 S.E.2d 861 CONRAD PLUMMER AND GERTRUDE PLUMMER v. COMMONWEALTH OF VIRGINIA. 43093 Record No. 730899.Supreme Court of Virginia. August 28, 1974 Present, All the Justices. Lottery — Forfeiture. For forfeiture of money, owned by and readily accessible to persons convicted of operating a lottery, Commonwealth must show a connection between lottery operation and the […]

525 S.E.2d 284 PARDOE GRAHAM REAL ESTATE, INC. v. SCHULZ HOMES CORPORATION. Record No. 990531.Supreme Court of Virginia. March 3, 2000. Present: Carrico, C.J., Compton,[1] Lacy, Hassell, Keenan, Koontz, and Kinser, JJ. [1] Justice Compton participated in the hearing and decision of this case prior to the effective date of his retirement on February 2, […]

184 S.E.2d 789 CHARLES G. DYER, JR., ET AL. v. THOMAS COLEMAN HOWELL, ET AL. 42602 Record Nos. 7651, 7652 and 7653.Supreme Court of Virginia. November 29, 1971 Present, All the Justices. (1) Custody of Child — Change — Natural Parent. (2) Custody of Child — Trial Court Discretion. (3) Adoption — Parent’s Consent Withheld. […]

195 S.E.2d 877 MICHAEL W. DELP v. CLIFTON J. BERRY, SR., AND JOHNSON BRAKE AND WHEEL SERVICE, INC. 42887 Record No. 8084.Supreme Court of Virginia. April 23, 1973 Present, All the Justices. Workmen’s Compensation — Res Judicata — Uninsured Employer — Choice of Remedy. Delp was awarded compensation by Commission, judgment was entered on award […]

39 S.E.2d 285 CHARLES L. MOWERY v. LUTHER A. COFFMAN, ET AL., ADMINISTRATORS. 38485 Record No. 3079.Supreme Court of Virginia. September 11, 1946. Present, All the Justices. 1. WILLS — Estates Created — Gift in General Terms with Power of Disposition — Case at Bar. — In the instant case, a suit to construe a […]

112 S.E.2d 142 HARFORD MUTUAL INSURANCE COMPANY v. COMMONWEALTH OF VIRGINIA, ET AL. 41061 Record No. 5002.Supreme Court of Virginia. January 18, 1950 Present, All the Justices. (1) Insurance — Deviation from Fire Insurance Rates — Loss and Reinsurance Experience Not Relevant Factors. (2) Insurance — Deviation from Fire Insurance Rates — Income from Investment […]

393 S.E.2d 609 TIMOTHY WILSON SPENCER v. COMMONWEALTH OF VIRGINIA 46409 Record Nos. 900001 and 900002Supreme Court of Virginia. June 8, 1990 Present: All the Justices Conviction for capital murder is upheld in a case involving rape and strangulation. Defendant’s assignments of constitutional and evidentiary error were considered and no reversible error found. Upon review […]

163 S.E.2d 192 ALPHONSE STROOBANTS AND HELEN STROOBANTS, HIS WIFE v. DOUGLAS B. FUGATE, STATE HIGHWAY COMMISSIONER. 42124 Record No. 6975.Supreme Court of Virginia. September 6, 1968 Present, Eggleston, C.J., Buchanan, Snead, I’Anson, Gordon and Harrison, JJ. Original Petition for Writ of Mandamus. Mandamus denied. (1) Mandamus — Original Jurisdiction — Discretionary. (2) Statutory Construction […]

457 S.E.2d 349 HIGH KNOB ASSOCIATES, ET AL. v. JOCELYN F. DOUGLAS, ET AL. 50053 Record No. 940815Supreme Court of Virginia. Decided April 21, 1995 Present: Carrico, C.J., Compton, Stephenson, Lacy, Hassell, Keenan, JJ., and Poff, Senior Justice The Subdivided Land Sales Act is not applicable to a particular recreational mountain development because its lots […]

113 S.E.2d 683 FIRST NATIONAL TRUST SAVINGS BANK, TRUSTEE, ETC. v. LOUISE G. RAPHAEL, ET AL. 41093 Record No. 5051.Supreme Court of Virginia. April 25, 1960 Present, All the Justices. (1) Declaratory Judgment — When Bill Demurrable. (2) and (3) Real Property — Easements of Air, Light and Drainage — No Abandonment or Cessation of […]