Category: Virginia Supreme Court Opinions

9 S.E.2d 447 R. WALTON MOORE, ETC. v. HARRY M. HOLBROOK AND OTHERS 37674 Record No. 2238Supreme Court of Virginia. June 10, 1940 Present, All the Justices 1. WILLS — Estates or Interests Created — Gift in General Terms and of Life Estate with Power of Disposition Compared. — From a gift in general terms […]

353 S.E.2d 735 JOHN A. ANDREWS, ET AL. v. WILLIAM DAVID SAMS 45078 Record No. 831758Supreme Court of Virginia. March 6, 1987 Present: All the Justices Judgment sustaining the defense of the statute of limitations is reversed because the cause of action alleged in the amended bill of complaint did not accrue until the time […]

472 S.E.2d 54 MICHAEL V. GREENAN, ET AL. v. RICHARD SOLOMON, ET AL. Record No. 951683Supreme Court of Virginia. June 7, 1996 Present: All the Justices The plaintiff landowners have an easement to use a right-of way over neighboring land described in a deed recorded in the county records. The judgment below is reversed and […]

46 S.E.2d 31 TOWN OF FALLS CHURCH v. BESSIE MAE MYERS. 38655 Record No. 3268.Supreme Court of Virginia. January 12, 1948 Present, All the Justices. 1. EXCEPTIONS, BILL OF — Certificate in Lieu of Bill of Exceptions — Purpose of Requirement as to Notice to Opposite Party. — Under section 6253 of the Code of […]

269 S.E.2d 787 SANDRA RHEA SUNDIN, ET AL., ETC. v. J. NICK KLEIN, III, COMMITTEE, ETC. 43996 Record No. 790200.Supreme Court of Virginia. August 28, 1980 Present: Carrico, Harrison, Cochran, Poff, Compton, and Thompson, JJ. Constructive trust imposed on undivided one-half interest in land held by wife and slayer-husband as tenants by the entirety for […]

46 S.E.2d 443 E. E. MAGEE AND ANOTHER v. W. H. OMANSKY. 38683 Record No. 3289.Supreme Court of Virginia. March 1, 1948 Present, All the Justices. 1. EASEMENTS — How Acquired — Unnamed Street Contiguous to Land Owned by Appellants — Case at Bar. — The instant case was a suit to secure mandatory injunctive […]

6 S.E.2d 612 RUTH LESTER BUCHANAN v. JOHN R. BUCHANAN Supreme Court of Virginia. Richmond Record No. 2200 January 8, 1940 Present, Holt, Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. JURISDICTION — Equity — Suit to Compel Payment under Terms of Separation Agreement Free from Limitations Characterizing Habeas Corpus Proceeding — Case at Bar. […]

168 S.E.2d 115 EVELYN WARX FRIEND CRITTENDEN, ET AL. v. HENRY T. CRITTENDEN. 42226 Record No. 6944.Supreme Court of Virginia. June 16, 1969 Present, All the Justices. Divorce — Two Year Separation — Mental Incompetence. Husband seeks divorce on the ground of separation for two years from wife who had been adjudged mentally incompetent and […]

238 S.E.2d 834 RALPH THOMAS v. COMMONWEALTH OF VIRGINIA 43597 Record No. 770421.Supreme Court of Virginia. November 23, 1977 Present: All the Justices. When withdrawal of waiver of jury trial is timely. (1) Criminal Procedure — Jury Trial — Withdrawal of Waiver — When Permitted — When Waiver Timely. (2) Criminal Procedure — Jury Trial […]

283 S.E.2d 194 DAVID STOVER, JR. v. COMMONWEALTH OF VIRGINIA 44210 Record No. 801748.Supreme Court of Virginia. October 16, 1981 Present: All the Justices. Circumstantial evidence of second degree murder must be consistent with guilt, inconsistent with innocence, and exclude every reasonable hypothesis of innocence and the chain of necessary circumstances must be unbroken; evidence […]

100 S.E.2d 717 ATLANTIC LIFE INSURANCE COMPANY v. MATILDA GREENFIELD, AMINISTRATRIX OF THE ESTATE OF GEORGE MORGAN, DECEASED. 39914 Record No. 4703.Supreme Court of Virginia. December 2, 1957 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Whittle and Snead, JJ. Insurance — Insured Killed by Beneficiary — Loss Held Excluded from Coverage. George Morgan was feloniously […]

14 S.E.2d 301 DOROTHY STONE BLACKWELL, ET AL. v. VIRGINIA TRUST COMPANY. Supreme Court of Virginia. Richmond Record No. 2335. April 21, 1941. Present, Campbell, C. J., and Holt, Gregory, Browning, Eggleston and Spratley, JJ. 1. REMAINDERS, REVERSIONS AND EXECUTORY INTERESTS — Acceleration of Remainders — May Occur Whether Remainder Vested or Contingent. — Acceleration […]

514 S.E.2d 770 WALTER C. COOLEY v. TYSON FOODS, INC., A NORTH CAROLINA CORPORATION Record No. 981313Supreme Court of Virginia. April 16, 1999 Present: All the Justices A discharged employee failed to present sufficient evidence to support a jury’s finding that he was fired because he had intended to file a workers’ compensation claim. The […]

163 S.E.2d 314 ERNEST CLIFTON FORD v. C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY. 42114 Record No. 6752.Supreme Court of Virginia. September 6, 1968 Present, All the Justices. Criminal Procedure — Effective Counsel — Appointed Immediately Preceding Trial In 1953 petitioner was sentenced to 26 years in penitentiary after conviction on seven burglary […]

334 S.E.2d 556 AMBIANCE ASSOCIATES, INC., T/A, ETC. v. ROBERT J. KILBY, JR. 44841 Record No. 820375Supreme Court of Virginia. September 6, 1985 Present: All the Justices Judgment following the second trial of a personal injury action is reversed because the trial court used the damage figure from the first trial rather than giving effect […]

12 S.E.2d 796 GILMER MEADE v. COMMONWEALTH OF VIRGINIA. Supreme Court of Virginia. Richmond Record No. 2350. January 13, 1941. Present, Holt, Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. AUTOMOBILES — Leaving Scene of an Accident — Best and Secondary Evidence — Testimony as to Car’s Condition — Case at Bar. — In the […]

278 S.E.2d 856 LAUGHON JOHNSON, INC. v. B. O. BURCH, ET AL. 44150 Record No. 790913.Supreme Court of Virginia. June 12, 1981 Present: All the Justices. When property damage results from concussion by blasting the rule of strict liability applies. Evidence — Negligence — Property Damage — Strict Liability — Strict Liability Applies when Property […]

128 S.E.2d 263 BAYSIDE CORPORATION v. VIRGINIA SUPER FOOD FAIR STORES, INC. 41406 Record No. 5504.Supreme Court of Virginia. December 3, 1962 Present, All the Justices. Real Property — Covenant in Lease Restricting Use — Held Reasonable and Binding. Bayside, developer of a new shopping center, leased a portion of the area to Food Fair […]

234 S.E.2d 302 ROANOKE GAS COMPANY v. COMMONWEALTH OF VIRGINIA, STATE CORPORATION COMMISSION. 43506 Record No. 760982.Supreme Court of Virginia. April 22, 1977 Present, I’Anson, C.J., Carrico, Harrison, Cochran, Poff and Compton, JJ. Corporation Commission — Public Service Company — Contracts With Affiliates. Acquisition of stock of affiliate by public service company requires approval of […]