Category: Virginia Supreme Court Opinions

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 […]

541 S.E.2d 556 ROY HUDSON, ET AL. v. RUTH M. PILLOW, ET AL. Record No. 000835.Supreme Court of Virginia. March 2, 2001. Present: Carrico, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ. The plaintiffs filed a bill of complaint and motion for injunctive relief requesting that a right of way be recognized across the defendants’ […]

39 S.E.2d 252 PENCIE CRAWFORD CLARK, ADM., ETC. v. LELA OLD HODGES. 38478 Record No. 3085.Supreme Court of Virginia. September 11, 1946. Present, All the Justices. 1. AUTOMOBILES — Instructions — Burden of Proof — Combining Rule in Criminal and Civil Cases — Case at Bar. — In the instant case, an action for the […]

173 S.E.2d 820 PEARL MAE SHELTON v. AMERICAN RE-INSURANCE COMPANY, ET AL. 42328 Record No. 7140.Supreme Court of Virginia. April 27, 1970 Present, All the Justices. Automobiles — Uninsured Motorist — Self-Insured — Re-insurance Policy. Mrs. Shelton, while a paying passenger on a bus owned and operated by Danville Traction Company, sustained personal injuries for […]

186 S.E.2d 30 CITY OF RICHMOND v. OLD DOMINION IRON AND STEEL CORPORATION. OLD DOMINION IRON AND STEEL CORPORATION v. CITY OF RICHMOND. 42640 Record Nos. 7565 and 7566.Supreme Court of Virginia. January 17, 1972. Present, All the Justices. (1) Condemnation — Necessity. (2) Condemnation — New Improvements — Bad Faith. (3) Constitutional Law — […]

135 S.E.2d 171 HOME BUILDING ASSOCIATION, ET AL. v. HENRY C. MACKALL, TRUSTEE, ET AL. 41511 Record No. 5699.Supreme Court of Virginia. March 9, 1964 Present, All the Justices. (1) Real Estate — Priority of Liens — Doctrine of Equitable Estoppel Not Applicable. (2) Real Estate — Priority of Liens — No Priority Gained by […]

281 S.E.2d 901 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF LABOR AND INDUSTRY v. E. A. CLORE SONS, INC. 44200 Record No. 800688.Supreme Court of Virginia. September 11, 1981 Present: Harrison, Poff, Thompson, JJ. and Harman, S.J. Totality of circumstances test for determining voluntary consent to search applied to Department of Labor and Industry search for safety […]

116 S.E.2d 114 S.D. MAY, STATE HIGHWAY COMMISSIONER v. BRUCE MALCOLM, ET AL. 41134 Record No. 5107.Supreme Court of Virginia. September 2, 1960 Present, Eggleston, C.J. and Buchanan, Miller, Whittle, Snead and l’Anson, JJ. (1) Evidence — Conflict of Testimony Among Witnesses for Party — Litigant Not Bound by Unfavorable Testimony. (2) Eminent Domain — […]

462 S.E.2d 106 RICHARD F. DAVIS, ET AL. v. JOHN T. HENNING, ET AL. 50435 Record No. 941971Supreme Court of Virginia. Decided: September 15, 1995 Present: Carrico, C.J., Compton, Stephenson, Whiting,[1] Lacy, Hassell, and Keenan, JJ. [1] Justice Whiting participated in the hearing and decision of this case prior to the effective date of his […]

497 S.E.2d 862 DANIEL C. STICKLEY, JR., CO-EXECUTOR OF THE ESTATE OF DANIEL C. STICKLEY, SR., DECEASED v. WILLIAM S. STICKLEY, CO-EXECUTOR OF THE ESTATE OF DANIEL C. STICKLEY, SR., DECEASED, ET AL. Record No. 971244Supreme Court of Virginia. February 27, 1998 Present: All the Justices Because a will which directs all estate taxes and […]

196 S.E.2d 906 FIVE LAKES, INC. v. RANDALL, INC. 42901 Record No. 8122.Supreme Court of Virginia. June 11, 1973 Present, All the Justices. (1) Pleading and Practice — Summary Judgment — Evidence in Conflict. (2) Pleading and Practice — Contracts — Quantum Meruit. 1. Since evidence was in conflict on question whether plaintiff breached contract […]

514 S.E.2d 756 SHANTEL D. PENDER v. RONALD J. ANGELONE, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS Record No. 981269Supreme Court of Virginia. April 16, 1999 Present: All the Justices Since the facts entitled the trial court in a criminal prosecution to find defendant guilty of first degree murder, and the evidence at a habeas corpus proceeding […]

137 S.E.2d 882 CITY OF RICHMOND v. JAMES BRANCH, ET. AL. 41562 Record No. 5771.Supreme Court of Virginia. September 11, 1964 Present, All the Justices. (1) Municipalities — Injury Caused by Defect in Street — City Held Liable. (2) Negligence — Injury After Work Accepted by Owner — Subcontractor Not Liable. (3) Pleading and Practice […]