Category: Virginia Supreme Court Opinions

492 S.E.2d 439 DANIEL G. BUONOCORE v. THE CHESAPEAKE POTOMAC TELEPHONE CO. OF VIRGINIA, ET AL. Record No. 962572Supreme Court of Virginia. October 31, 1997 Present: Carrico, C.J., Compton, Lacy, Hassell, Keenan, and Kinser, JJ., and Gordon, Retired Justice The trial court correctly entered summary judgment finding that an employee has no cause of action […]

329 S.E.2d 30 MONTIE RALPH ORR v. COMMONWEALTH OF VIRGINIA 44795 Record No. 840289Supreme Court of Virginia. at Richmond Decided April 26, 1985 Present: All the Justices Conviction of building contractor for obtaining money from customer with intent to defraud reversed where contractor did not convert payments to his own use and the evidence was […]

377 S.E.2d 401 DUVAL MAWYER v. LUMBERMENS MUTUAL CASUALTY COMPANY 45909 Record No. 870062Supreme Court of Virginia. March 3, 1989 Present: All the Justices An automobile dealer’s bond indemnifying against fraudulent sales by a North Carolina dealer applied to sales both within and outside the borders of North Carolina and afforded protection to a Virginia […]

148 S.E.2d 800 ROGER T. HOWARD v. COMMONWEALTH OF VIRGINIA. 01030 Record No. 6208.Supreme Court of Virginia. June 13, 1966 Present, Eggleston, C.J., and Spratley, Snead, I’Anson, Carrico and Gordon, JJ. (1) Principal and Accessories — Conspirator Responsible for Felonious Act of Confederate. (2) Attempts — Conviction of Attempted Murder Upheld. 1. Howard and his […]

40 S.E.2d 250 NICHOLAS SPIAK v. T. WILSON SEAY, SHERIFF, ETC. 38510 Record No. 3166.Supreme Court of Virginia. November 25, 1946. Present, Holt, C.J., and Hudgins, Gregory, Eggleston, Spratley and Buchanan, JJ. 1. EXTRADITION — Foundation in Federal Constitution — Right of State to Enact Nonconflicting Legislation. — While it is true that the foundation […]

160 S.E.2d 781 HARRY JUNIOR WILLIAMS, ALIAS, ETC. v. COMMONWEALTH OF VIRGINIA. 42069 Record No. 6741.Supreme Court of Virginia. April 22, 1968 Present, All the Justices. (1) Criminal Procedure — Murder — Preliminary Hearing. (2) Murder — Evidence — Intent. (3) Criminal Procedure — Argument of Counsel. 1. At preliminary hearing county judge properly certified […]

281 S.E.2d 889 WILLIAM RAY BRITTLE v. COMMONWEALTH OF VIRGINIA 44196 Record No. 801655.Supreme Court of Virginia. September 11, 1981 Present: All the Justices. A review by Jurors of unadmitted photographs which might implicate defendant in homicide by use of a firearm and affect grade of homicide as first degree murder is ground for setting […]

385 S.E.2d 885 JOHN CLARK, ET AL. v. DOROTHY ANN CHAPMAN 46114 Record No. 881017Supreme Court of Virginia. November 10, 1989 Present: Carrico, C.J., Compton, Stephenson, Russell, Thomas,[*] Whiting, and Lacy, JJ. [*] Justice Thomas prepared and the court adopted the opinion in this case prior to the effective date of his resignation, November 1, […]

657 S.E.2d 142 MICHAEL HICKS, A MINOR, WHO SUES BY HIS MOTHER AND NEXT FRIEND, DARLENE A. HICKS v. PETER MELLIS, M.D. Record No. 070344.Supreme Court of Virginia. February 29, 2008. Present: All the Justices. A child born in October of 1989 was allegedly injured by medical malpractice in 1990. Suit was filed in 1993 […]

645 S.E.2d 271 ADAMS OUTDOOR ADVERTISING, L.P., ET AL. v. BOARD OF ZONING APPEALS OF THE CITY OF VIRGINIA BEACH. Record No. 061272.Supreme Court of Virginia. June 8, 2007. Present: All the Justices. The plaintiff advertising company owned a billboard that ha been erected on private property in a city prior to the enactment of […]

213 S.E.2d 753 ARVIN, INCORPORATED v. SONY CORPORATION OF AMERICA. 43187 Record No. 740662.Supreme Court of Virginia. April 28, 1975 Present, All the Justices. (1) Pleading and Practice — Civil Contempt — Attorneys’ Fees. (2) Attorneys’ Fees — Amount — Competent Testimony. 1. It is within the discretion of the trial court to include, as […]

77 S.E.2d 389 JOHN RAY MOXLEY v. COMMONWEALTH OF VIRGINIA. 39390 Record No. 4045.Supreme Court of Virginia. September 10, 1953 Present, All the Justices. Homicide — Evidence Insufficient to Sustain Conviction of Murder. Defendant was convicted of second degree murder for the killing of George Isom. Isom had come to defendant’s home late at night […]

568 S.E.2d 693 CHARLES RUTTER, EXECUTOR OF THE ESTATE OF MILDRED DUNCAN v. JONES, BLECHMAN, WOLTZ KELLY, P.C., ET AL. Record No. 012612.Supreme Court of Virginia. September 13, 2002. Present: All the Justices. Defendant attorneys drafted a will and related testamentary documents for a testator. Because the amounts of certain bequests were left indeterminate under […]

17 S.E.2d 379 ISAAC FASS, INCORPORATED v. LOUIS H. PINK, SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, AS LIQUIDATOR OF THE AUTO MUTUAL INDEMNITY COMPANY. 37862 Record No. 2410.Supreme Court of Virginia. November 24, 1941. Present, All the Justices. 1. INSURANCE — Foreign Corporations — Failure to Become Domesticated — Enforcement of Assessment […]

115 S.E.2d 39 MAUDE MILLER TIMBERLAKE, ET AL. v. STATE-PLANTERS BANK OF COMMERCE AND TRUSTS, ET AL. 41123 Record No. 5085.Supreme Court of Virginia. June 13, 1960 Present, All the Justices. Wills — Revocation of Will with Revocation Clause — Prior Will Properly Probated. Testatrix placed in the hands of the bank named as her […]

188 S.E.2d 91 GRANGE MUTUAL CASUALTY COMPANY v. CRITERION INSURANCE COMPANY, ET AL. 42677 Record No. 7666.Supreme Court of Virginia. April 24, 1972 Present, All the Justices. Automobile Insurance — Omnibus Coverage — Out of State Policy. Insurance company not licensed or doing business in Virginia issued and mailed policy in Ohio to assured at […]

168 S.E.2d 254 FREDERICK W. ENOS v. FIDELITY AND CASUALTY COMPANY OF NEW YORK. 42233 Record No. 6945.Supreme Court of Virginia. June 16, 1969 Present, All the Justices. Pleading and Practice — Estoppel — Inconsistent Position. Plaintiff recovered verdict for damages against one Stout in an action in which he alleged that Stout was the […]