Category: Virginia Supreme Court Opinions

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 […]

321 S.E.2d 78 MARILYN TUCKER v. LIFE INSURANCE COMPANY OF VIRGINIA 44680 Record No. 812208.Supreme Court of Virginia. September 7, 1984. Present: Carrico, C.J., Cochran, Poff, Compton, Russell, and Thomas, JJ., and Gordon, Retired Justice. Death not accidental as a matter of law where the insured voluntarily initiated a violent course of conduct which he […]

127 S.E.2d 142 JIM LAING v. COMMONWEALTH OF VIRGINIA. 41376 Record No. 5447.Supreme Court of Virginia. August 31, 1962 Present, All the Justices. Dogs — Sheep Killer Ordered Destroyed — Error in Form of Warrant Held Immaterial. After his dog was found killing sheep Laing was convicted by the county court on a warrant which […]

231 S.E.2d 706 FIRST VIRGINIA BANK, A VIRGINIA BANKING CORPORATION v. WILLIAM E. SUTHERLAND, JR., T/A GROVETON ARCO. 43465 Record No. 760091.Supreme Court of Virginia. January 14, 1977, Present, I’Anson, C.J., Carrico, Harrison, Cochran, Harman and Poff, JJ. (1) Automobiles — Garageman’s Lien — Statutory Construction. (2) Automobiles — Certificate of Title — Security Interest […]

361 S.E.2d 128 HAROLD R. CARMODY v. F. W. WOOLWORTH COMPANY, T/A WOOLCO 45476 Record No. 841264Supreme Court of Virginia. October 9, 1987 Present: All the Justices Evidence presented at trial of a personal injury action sufficiently supported a factual finding that the retail sales aspect of plaintiff’s work was part of defendant’s normal trade, […]

8 S.E.2d 301 HATTIE V. PARKER, ADM’X, ETC. v. NORFOLK ORANGE CRUSH BOTTLING CO., INC. 37650 Record No. 2206Supreme Court of Virginia. April 8, 1940 Present, All the Justices 1. AUTOMOBILES — Collision with Person Rolling Bicycle — Duty of Automobile Driver to Keep Lookout — Case at Bar. — In the instant case, an […]

99 S.E.2d 721 SEABOARD ICE COMPANY, INCORPORATED. v. WILLIE N. LEE. 39881 Record No. 4670.Supreme Court of Virginia. September 6, 1957 Present, All the Justices. (1) Releases — Personal Injury Claims — Not Specifically Enforced Where Mutual Mistake of Fact. (2) Release — Personal Injury Claim — Specific Performance of Release Denied. 1. Defendant Lee, […]

630 S.E.2d 482 LESTER BERNARD LYNCH, JR. v. COMMONWEALTH OF VIRGINIA. Record No. 052079.Supreme Court of Virginia. June 8, 2006. Present: Hassell, C.J., Lacy, Koontz, Kinser, Lemons, and Agee, JJ., and Russell, S.J. Defendant was charged with first-degree murder, armed robbery, burglary and three firearms offenses. At trial, the Commonwealth’s evidence about events shortly after […]

569 S.E.2d 406 GELLES SONS GENERAL CONTRACTING, INC. v. JEFFREY STACK, INC., T/A JSI PAVING CONSTRUCTION, ET AL. Record No. 012319.Supreme Court of Virginia. September 13, 2002. Present: All the Justices. Plaintiff subcontractor agreed to provide brick laying work on defendant contractor’s construction project. Plaintiff submitted invoices totaling over $90,000 for its work and the […]

140 S.E.2d 663 RUTH AUDREY HASEMEYER COFER v. HARDY DASHIELLS COFER. 41621 Record No. 5884.Supreme Court of Virginia. March 8, 1965 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) and (2) Pleading and Practice — Rule 2:18 — Order Void When Entered in Violation of. (3) Pleading and Practice — Void […]

97 S.E.2d 750 J. W. DEJARNETTE, T/A, ETC. v. THOMAS M. BROOKS LUMBER COMPANY, INCORPORATED. 39852 Record No. 4658.Supreme Court of Virginia. April 26, 1957 Present, Hudgins, C.J., and Eggleston, Buchanan, Miller and Whittle, JJ. (1) Appeal and Error — Decree Contrary to Verdict on Issue Out of Chancery — How Considered. (2) Fraud — […]

172 S.E.2d 778 EUGENIA A. MOON v. WILLIAM FRANKLIN MOON, JR. 42315 Record No. 7092.Supreme Court of Virginia. March 9, 1970 Present, All the Justices. (1) Divorce — Alimony — Adequacy — Trial Court’s Discretion. (2) Alimony — Industrious Wife. (3) Divorce — Attorney’s Fees — Amount. 1. Wife was awarded $125 a month separate […]

235 S.E.2d 340 DONALD MOOREMAN CLODFELTER, A/K/A JOHN ADAMS v. COMMONWEALTH OF VIRGINIA.[1] 43545 Record No. 761204.Supreme Court of Virginia. June 10, 1977 [1] See rehearing of this case at 218 Va. 619 infra. Present: All the Justices. Collateral estoppel on issue of possession of drugs, hearsay rule and other matters. (1) Criminal Procedure — […]

188 S.E.2d 218 HARDWARE MUTUAL CASUALTY COMPANY v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD. 42689 Record No. 7623.Supreme Court of Virginia. April 24, 1972 Present, All the Justices. (1) Automobile Insurance — Garage Policy — Owned Automobile — Permissive Use. (2) Automobile Insurance — Permissive User — Amount of Coverage. 1. Dealer’s evidence […]

402 S.E.2d 678 EDDIE ALLEN JIMENEZ v. COMMONWEALTH OF VIRGINIA 46830 Record No. 9007712Supreme Court of Virginia. March 1, 1991 Present: All the Justices Since a 15-day notice of demand for repayment required in a criminal statute was a material element of the offense charged and that element was omitted from the jury instruction, and […]

42 S.E.2d 201 EDWARD V. CARTER v. S. V. BUTLER. 38568 Record No. 3172.Supreme Court of Virginia. April 21, 1947 Present, Holt, C. J., and Hudgins, Gregory, Eggleston, Spratley and Buchanan, JJ. 1. AUTOMOBILES — Striking Pedestrian — Negligence — Passing Too Close to Stopped Car — Case at Bar. — In the instant case, […]