Category: Virginia Supreme Court Opinions

17 S.E.2d 390 SALLIE T. FERRELL v. P. G. GILES AND ROSA R. GILES. 37878 Record No. 2411.Supreme Court of Virginia. November 24, 1941. Present, Campbell, C. J., and Holt, Hudgins, Gregory, Eggleston and Spratley, JJ. 1. JUDICIAL SALES AND RENTINGS — Confirmation — Effect of Confirmation Where Co-Owner Not a Party — Case at […]

186 S.E.2d 79 HUBERT N. HOFFMAN v. HOWARD P. HORTON, ET AL. 42631 Record No. 7659.Supreme Court of Virginia. January 17, 1972 Present, All the Justices. (1) Uniform Commercial Code — Auction Sale of Land. (2) Real Property — Auction Sale — Reopen Bids. 1. Provisions of U.C.C. governing auction sale of goods not controlling […]

397 S.E.2d 829 LISA A. HALL, ADMINISTRATRIX OF THE ESTATE OF MARK ADAM HALL, DECEASED v. DENNIS S. HALL 46444 Record No. 900258Supreme Court of Virginia. November 9, 1990 Present: All the Justices In a wrongful death case, because an unbiased jury under proper instructions found that the evidence preponderated in the plaintiff’s favor, there […]

254 S.E.2d 116 MORRIS ODELL MASON v. COMMONWEALTH OF VIRGINIA 43809 Record No. 781607.Supreme Court of Virginia. April 20, 1979 Present: All the Justices. Sentence of death sustained in capital murder after plea of guilty; Commonwealth not required to provide psychiatrist of defendant’s own choosing; Trial Judge not disqualified in penalty trial for having received […]

64 S.E.2d 738 LEO BUTLER COMPANY, INCORPORATED v. OLIVER C. WILBUN. 39107 Record No. 3744.Supreme Court of Virginia. May 7, 1951 Present, All the Justices. (1) Automobiles — Instructions — Collision at Intersection — Failure to Make Objection to Instruction When Given. (2) Automobiles — Evidence — Collision at Intersection — Circumstances Insufficient to Discredit […]

257 S.E.2d 871 PHILIP THOMAS DUDLEY, ET AL. v. ESTATE LIFE INSURANCE COMPANY OF AMERICA 43864 Record No. 771792.Supreme Court of Virginia. August 10, 1979 Present: All the Justices. Appellee, Estate Life, is bound by assignment of error by appellants to issue whether evidence was sufficient to go to jury on issue of alleged agent’s […]

409 S.E.2d 152 P.M. PALUMBO, JR., M.D., INC. v. DEAN R BENNETT, M.D. 47232 Record No. 901551Supreme Court of Virginia. September 20, 1991 Present: Carrico, C.J., Compton, Stephenson, Russell,[2] Whiting, Lacy, and Hassell, JJ [2] Justice Russell participated in the hearing and decision of this case prior to the effective date of his retirement on […]

266 S.E.2d 891 OELKJEM WIERINGA v. ERNEST B. MOODY, JOHN DOE 1, AND JOHN DOE 2 43975 Record No. 780953.Supreme Court of Virginia. June 6, 1980 Present: All the Justices. When plaintiff’s evidence as to unknown motorists causing accident properly stricken, defendant’s instructions based on this evidence or referring to unknown motorist are properly denied; […]

334 S.E.2d 554 OHIO VALLEY CONSTRUCTION COMPANY, ET AL. v. RAYMOND JACKSON 44840 Record No. 840623Supreme Court of Virginia. September 6, 1985 Present: All the Justices Workers’ compensation award is affirmed where the Industrial Commission interpreted uncontradicted medical reports to mean that claimant suffered from a dormant pre-existing condition which was aggravated by his industrial […]

546 S.E.2d 421 OHIO CASUALTY INSURANCE COMPANY v. STATE FARM FIRE AND CASUALTY COMPANY. Record No. 001914.Supreme Court of Virginia. June 8, 2001. Present: Carrico, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Compton, S.J. Plaintiff insurer issued homeowners’ insurance policies to two families who were building adjacent homes. Defendant insurer issued a builder’s […]

87 S.E.2d 796 JAMES ALBERT CRISMAN AND CLEO CLAYDEN CRISMAN v. COMMONWEALTH OF VIRGINIA. 39737 Record No. 4374.Supreme Court of Virginia. June 13, 1955 Present, All the Justices. (1) Appeal and Error — Appeal from Conviction — Evidence Viewed in Light Favorable to Commonwealth. (2) Narcotic Drugs — Unlawful Possession of — Conviction Unsupported by […]

91 S.E.2d 425 W. FRANK SMYTH, JR., SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY v. HARVEY H. GAY, SR. 39836 Record No. 4477.Supreme Court of Virginia. March 5, 1956 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan, Smith and Whittle, JJ. Maiming — Judgment Order Construed — Conviction of Felony Established. Petitioner was indicted in the […]

339 S.E.2d 538 THURSTON METALS SUPPLY COMPANY, INC. v. JOHN TIMOTHY TAYLOR JOHN TIMOTHY TAYLOR v. THURSTON METALS SUPPLY COMPANY, INC. 44893 Record No. 821852 Record No. 821995Supreme Court of Virginia. January 17, 1986 Present: All the Justices Judgment against defendant in a negligence action is affirmed where the plaintiff presented credible evidence sufficient to […]

186 S.E.2d 16 LONNIE LEE TRIPLETT v. COMMONWEALTH OF VIRGINIA. 42646 Record No. 7812.Supreme Court of Virginia. January 17, 1972 Present, All the Justices. (1) Criminal Procedure — Preliminary Hearing — Indictment. (2) Criminal Law — Habitual Offender — Unlawful Driving. (3) Statutory Construction — Exemption — Farm Tractor. 1. Where defendant insists upon his […]

231 S.E.2d 309 CLIFTON DOUGLAS CRAWFORD v. COMMONWEALTH OF VIRGINIA. 43466 Record No. 760501.Supreme Court of Virginia. January 14, 1977 Present, All the Justices. (1) Robbery — Definition — Corporate Victim. (2) Criminal Procedure — Indictment — Sufficiency. 1. Robbery is a common law crime against the person. Corporation can only act through persons — […]

481 S.E.2d 468 COMMONWEALTH TRANSPORTATION COMMISSIONER v. JAMES E. MATYIKO, ET AL. Record No. 960433Supreme Court of Virginia. January 10, 1997 Present: All the Justices Since, at the time the directors of a corporation distributed its assets, they had knowledge that an anticipated condemnation award in favor of the corporation possibly would be less than […]

478 S.E.2d 302 WALTER MICKENS, JR. v. COMMONWEALTH OF VIRGINIA Record No. 961216Supreme Court of Virginia. November 1, 1996 Present All the Justices In an appeal reviewing a judgment sentencing a defendant to death following a second sentencing hearing, no reversible error is found in the trial courts judgment and the sentence is affirmed. Capital […]

634 S.E.2d 341 TIMOTHY MARTIN BARRETT v. VIRGINIA STATE BAR, EX REL., SECOND DISTRICT COMMITTEE. Record No. 060248.Supreme Court of Virginia. September 15, 2006. Present: All the Justices A three-judge court considered three certified charges of misconduct filed against an attorney based on conduct during litigation in which he was a named party and represented […]