Category: Virginia Supreme Court Opinions

77 S.E.2d 817 ALBERT J. CIAFFONE, WILLIAM L. SUGG AND MAXIMILIAN WARE v. COMMUNITY SHOPPING CORPORATION AND OTHERS. 39379 Record No. 4086.Supreme Court of Virginia. September 10, 1953 Present, All the Justices. (1) Zoning — Disputed Boundary Lines — Location Question of Fact. (2) Zoning — Content of Notice of Public Hearings — Code Sec. […]

6 S.E.2d 601 SOUTHERN BISCUIT COMPANY, INC. v. HOLT S. LLOYD, ETC. Supreme Court of Virginia. Richmond Record No. 2126 January 8, 1940 Present, Holt, Hudgins, Gregory, Eggleston and Spratley, JJ. 1. TAXATION — Processing Taxes — Sales Contracts Covering Possibility of Decrease or Abatement of Tax — Referred to Changes Made by Taxing Authority […]

221 S.E.2d 170 ROBERT S. LINDSLEY v. FINE AND SALZBERG, INC. 43317 Record No. 741152.Supreme Court of Virginia. January 16, 1976 Present, I’Anson, C.J., Carrico, Harrison, Cochran, Poff and Compton, JJ. Appeal from a decree of the Circuit Court of the City of Virginia Beach. Hon. Robert S. Wahab, Jr., judge presiding. Aldine J. Coffman, […]

607 S.E.2d 119 SHIRLEY P. CORRELL v. COMMONWEALTH OF VIRGINIA. Record No. 040746.Supreme Court of Virginia. January 14, 2005. Present: All the Justices Defendant was appointed the legal guardian of her mother, who had previously suffered a stroke and exhibited signs of Parkinson’s disease. Her mother suffered a broken hip and healthcare providers instructed defendant […]

172 S.E.2d 780 ALVIN R. CANNADY v. COMMONWEALTH OF VIRGINIA. 42308 Record No. 7156.Supreme Court of Virginia. March 9, 1970 Present, All the Justices. Criminal Law — Burglary — Possession of Goods. Upon proof of a breaking and entering and a theft of goods, and if the evidence warrants an inference that the breaking and […]

466 S.E.2d 95 HAMPTON NISSAN LIMITED PARTNERSHIP, ET AL. v. CITY OF HAMPTON 50812 Record No. 950732Supreme Court of Virginia. Decided: January 12, 1996 Present: Carrico, C.J., Compton, Stephenson, Lacy, Hassell, and Keenan, JJ., and Poff, Senior Justice The trial court wrongly determined that a city may collect, as license taxes, payments that a motor […]

377 S.E.2d 375 ST. JOHN’S PROTESTANT EPISCOPAL CHURCH ENDOWMENT FUND, INC., ET AL. v. VESTRY OF ST. JOHN’S PROTESTANT EPISCOPAL CHURCH, ETC. 45901 Record No. 870586Supreme Court of Virginia. March 3, 1989 Present: All the Justices In an action between the vestry of a church and its incorporated endowment fund, the trial court correctly held […]

10 S.E.2d 515 WASHINGTON COUNTY NATIONAL BANK v. WASHINGTON COUNTY, VIRGINIA, ET AL. Supreme Court of Virginia. Staunton Record No. 2183. September 5, 1940. Present, Holt, Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. TAXATION — Erroneous Assessments — Presumption in Favor of Assessment. — In a suit to correct a tax assessment, there is […]

113 S.E.2d 850 ANNA D. FREED, INDIVIDUALLY, ETC. v. JUDITH REALTY AND FARM PRODUCTS CORPORATION, TRUSTEE, ET AL. 41102 Record No. 5062.Supreme Court of Virginia. April 25, 1960 Present, All the Justices. (1) Trusts — Trustor’s Motive to Prevent Wife Taking Interest at Death — Does Not Render Trust Invalid. (2) Trusts — Inter Vivos […]

142 S.E.2d 573 CARLTON J. SCHMIDT, ET AL. v. CITY OF RICHMOND. 41710 Record No. 5945.Supreme Court of Virginia. June 14, 1965 Present, All the Justices. (1) Eminent Domain — Description of Land to Be Condemned — Held Sufficient. (2) Eminent Domain — Failure of Landowner to Appear — Not Waiver of Right to Object […]

391 S.E.2d 290 COUNTY OF PRINCE WILLIAM, ET AL. v. MORTON RAU, ET AL. 46274 Record No. 891116Supreme Court of Virginia. April 20, 1990 Present: All the Justices Sanctions were erroneously imposed upon a litigant for an alleged violation of the provisions of Sec. 8.01-271.1 because, under existing law, it was reasonable for the county […]

61 S.E.2d 267 MYRTLE STOOTS ORANGE v. COMMONWEALTH OF VIRGINIA. 39038 Record No. 3714.Supreme Court of Virginia. October 9, 1950 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Homicide — Evidence — Corpus Delicti — Evidence Sufficient to Prove. (2) Evidence — Weight and Sufficiency — Circumstantial Evidence — Must Produce […]

231 S.E.2d 330 VIRGIL G. NOELL, JR. v. GENE T. ANGLE, ET AL. 43475 Record No. 751502.Supreme Court of Virginia. January 14, 1977 Present, Carrico, Harrison, Cochran, Harman, Poff and Compton, JJ. (1) Malicious Prosecution — Probable Cause — Advice of Counsel. (2) Malicious Prosecution — Strike Plaintiff’s Evidence. 1. Advice of counsel may be […]

281 S.E.2d 843 THOMAS ALEXANDER JOHNSON v. W. M. RIDDLE, SUPERINTENDENT, ETC. 44184 Record No. 791122.Supreme Court of Virginia. September 11, 1981 Present: All the Justices. Assertion of the Fifth Amendment privilege against self incrimination by witness is property sustained, and the exculpatory testimony is properly excluded, when it is clear the witness has not […]

367 S.E.2d 516 DONNA L. BEACH v. VIRGINIA NATIONAL BANK, EXECUTOR, ETC. 45635 Record No. 850470Supreme Court of Virginia. April 22, 1988 Present: All the Justices The trial court did not err in sustaining a demurrer and dismissing an action with prejudice where plaintiff’s complaint for specific performance of an alleged oral promise to convey […]

208 S.E.2d 56 BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. M. SETH HORNE, ET AL. 43101 Record No. 730928.Supreme Court of Virginia. August 28, 1974 Present, All the Justices. Cities, Counties and Towns — Public Roads — Abandonment — Excessive Use. Statutory procedures followed were not intended to authorize a local board of supervisors to […]

133 S.E.2d 296 PHYLLIS DOCKERY, AN INFANT, WHO SUES BY ROY DOCKERY, HER FATHER AND NEXT FRIEND v. CITY OF NORTON. 204102 Record No. 5650.Supreme Court of Virginia. December 2, 1963 Present, All the Justices. Municipalities — Child Injured in Street While Playing on Stacked Pipe — City’s Liability a Question for Jury. In connection […]