CLOUGH c. v. THOMPSON. Supreme Court of Virginia. May 4, 1850. (Absent, Cabell, P.) 1. Upon taking the oath of insolvency all the property and rights of the insolvent debtor are vested in the sheriff, who, as representing the creditor, is entitled to assert the legal and equitable rights of the creditor, and to set […]
Category: Virginia Supreme Court Opinions
WOODWARD v. RESOURCE BANK, 246 Va. 481 (1993)
436 S.E.2d 613 TONY WOODWARD, ET AL. v. RESOURCE BANK 48866 Record Nos. 930112 and 930113Supreme Court of Virginia. November 5, 1993 Present: All the Justices The trial court erred in holding that a creditor was entitled to recover a deficiency judgment against loan guarantors who had signed pre-default waivers of notice and consequently did […]
FLANAGAN v. PARSONS, 167 Va. 6 (1936)
187 S.E. 473 JOHN T. FLANAGAN v. J. M. PARSONS, ET AL. Supreme Court of Virginia. Staunton September 11, 1936. Present, Campbell, C.J., and Hudgins, Gregory and Eggleston, JJ. 1. FRAUD AND DECEIT — Evidence — May Be Proved by Circumstantial Evidence. — It is not necessary that fraud should be expressly shown; it may […]
WOLFE v. COMMONWEALTH, 167 Va. 486 (1937)
189 S.E. 320 DOUGLAS WOLFE v. COMMONWEALTH OF VIRGINIA Supreme Court of Virginia. Richmond January 14, 1937 Present, All the Justices 1. LARCENY — Cattle-Stealing — Section 4440 of the Code of 1936 — Fixes Exclusive Punishment for Offense. — By section 4440 of the Code of 1936, the legislature has seen fit to make […]
DIXON v. NORFOLK S. B., ETC. CORP., 182 Va. 185 (1944)
28 S.E.2d 617 CALDON H. DIXON v. NORFOLK SHIPBUILDING AND DRY DOCK CORPORATION. 38146 Record No. 2773.Supreme Court of Virginia. January 24, 1944. Present, Campbell, C. J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. WORDS AND PHRASES — “Accident”. — The definition of “accident” generally assented to is an event happening without any […]
ROGERS v. ROGERS, 170 Va. 417 (1938)
196 S.E. 586 IDA CARDEN ROGERS v. W. J. ROGERS 37379Supreme Court of Virginia. April 28, 1938 Present, Holt, Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. APPEAL AND ERROR — Scope of Review — Question Not Fully Developed in Brief. — Where the question of whether the court had jurisdiction to decide, in a […]
MOTION CONTROL SYSTEMS, INC. v. EAST, 262 Va. 33 (2001)
546 S.E.2d 424 MOTION CONTROL SYSTEMS, INC. v. GREGORY C. EAST. Record No. 001940.Supreme Court of Virginia. June 8, 2001. Present: All the Justices. Plaintiff, a manufacturer of electric motors and related items, had its employees sign confidentiality and non-competition agreements. Defendant, then manager of quality and reliability engineering for the firm, signed a form […]
CHAGNON v. HOFFERMAN, 230 Va. 176 (1985)
335 S.E.2d 268 JOHN F. CHAGNON v. SHELDON C. HOFFERMAN, TRUSTEE, ET AL. 44856 Record No. 821393Supreme Court of Virginia. October 11, 1985 Present: All the Justices A bill of complaint is reinstated where the chancellor erred in dismissing a suit by a non-resident for failure to file a bond as security for costs and […]
BREEDING, ADM’R v. JOHNSON, 208 Va. 652 (1968)
159 S.E.2d 836 RICHARD BREEDING, ADMINISTRATOR, ETC. v. HAROLD JOHNSON. 42057 Record No. 6533.Supreme Court of Virginia. March 4, 1968 Present, All the Justices. (1) Automobiles — Pleading and Practice — Medical Report on Defendant. (2) Automobiles — Operator of Vehicle. (3) Automobiles — Owner Presumed Operator. (4) Evidence — Injury to Plaintiff’s Decedent. (5) […]
CRADLE v. PEYTON, 208 Va. 243 (1967)
156 S.E.2d 874 DAVID LEE CRADLE v. C. C. PEYTON, SUPERINTENDENT, ETC. 41996 Record No. 6429.Supreme Court of Virginia. September 8, 1967 Present, All the Justices. (1) Juvenile Courts — Right to Counsel — Certification Order — Federal Rule. (2) Criminal Procedure — New Constitutional Standards — Prospective Only. (3) Juvenile Courts — Due Process […]
CANTRELL v. CREWS, 259 Va. 47 (2000)
523 S.E.2d 502 TIMOTHY L. CANTRELL, ET AL. v. DEBORAH W. CREWS. Record No. 990224.Supreme Court of Virginia. January 14, 2000. Present: All the Justices. Plaintiff brought a motion for judgment seeking damages for a cervical sprain arising from an automobile accident in which her vehicle was struck from the rear. Defendants admitted liability and […]
DOSWELL LTD. PARTNERSHIP v. VIRGINIA POWER, 251 Va. 215 (1996)
468 S.E.2d 84 DOSWELL LIMITED PARTNERSHIP v. VIRGINIA ELECTRIC AND POWER COMPANY Record No. 951027Supreme Court of Virginia. March 1, 1996 Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan and Koontz, JJ., and Cochran, Retired Justice In a breach of contract action, the trial court did not err in ruling that the disputed portion of a […]
CLARK v. PATRICK COUNTY BANK, 156 Va. 553 (1931)
159 S.E. 84 R. N. CLARK AND J. S. MARTIN v. PATRICK COUNTY BANK 36210Supreme Court of Virginia. June 18, 1931 Present, All the Justices BILLS, NOTES AND CHECKS — Mortgages and Deeds of Trust — Assignment for Benefit of Creditors — Acceptance by Creditors — Case at Bar. — Defendants, Clark and Martin, jointly […]
BROWN v. VIRGINIA STATE BAR, 270 Va. 409 (2005)
621 S.E.2d 106 CURTIS TYRONE BROWN v. VIRGINIA STATE BAR. Record No. 050315.Supreme Court of Virginia. November 4, 2005. Present: All the Justices. A district subcommittee of the Virginia State Bar served an attorney with a Certification alleging multiple violations of the Virginia Rules of Professional Conduct. Exactly 21 days after receipt of the certification, […]
MURPHY v. NORFOLK COMMUNITY SERVICES BOARD, 260 Va. 334 (2000)
533 S.E.2d 922 JOHN MURPHY v. NORFOLK COMMUNITY SERVICES BOARD. Record No. 992764.Supreme Court of Virginia. September 15, 2000. Present: All the Justices. An employee was terminated by the respondent employer. In accordance with grievance procedures enacted by the city pursuant to Code §§ 15.2-1506 and -1507, and made applicable to the employer by a […]
CHAPPELL v. PERKINS, 266 Va. 413 (2003)
587 S.E.2d 584 JOHN R. CHAPPELL, EXECUTOR OF THE ESTATE OF CAROLE K. CHAPPELL v. WALTER H. PERKINS. Record No. 022966.Supreme Court of Virginia. October 31, 2003. Present: All the Justices. Plaintiff was not a beneficiary under his deceased wife’s will. He timely filed a claim pursuant to Code § 64.1-13 and a petition asking […]
SHOOSMITH v. SCOTT, 217 Va. 290 (1976)
227 S.E.2d 729 HARRY MASSEY SHOOSMITH, JR. v. MARGARET SHOOSMITH SCOTT, ETC. 43415 Record No. 750130.Supreme Court of Virginia. September 2, 1976 Present, All the Justices. Constitutional Law — Impairment of Contracts — Alimony Agreement. Provision of property settlement agreement, confirmed by chancellor in final divorce decree, creates vested property rights in parties that cannot […]
MARYLAND CO. v. COLE, 156 Va. 707 (1931)
158 S.E. 873 MARYLAND CASUALTY COMPANY v. R. A. COLE 36225Supreme Court of Virginia. June 18, 1931 Present, Prentis, C.J., and Campbell, Holt, Gregory and Browning, JJ. 1. DISMISSAL — Discontinuance and Nonsuit — Party Taking Nonsuit and Instituting Another Action in Court of Concurrent Jurisdiction. — By many it has long been considered a […]
SUMNER v. SMITH, 220 Va. 222 (1979)
257 S.E.2d 825 JOSEPH L. SUMNER, JR. v. JOYCE B. SMITH 43850 Record No. 771342.Supreme Court of Virginia. August 30, 1979 Present: I’Anson, C. J., Carrico, Cochran, Harman, Poff and Compton, JJ. In an action for personal injuries sustained in a motor vehicle accident, the plaintiff’s testimony coupled with medical evidence was sufficient to present […]
BRYAN v. FEWELL, 191 Va. 647 (1950)
62 S.E.2d 39 WILLIAM J. BRYAN v. JAMES FEWELL. 39055 Record No. 3704.Supreme Court of Virginia. November 27, 1950 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Automobiles — Pedestrian Crossing Highway — Negligence of Operator — Question for Jury. (2) Automobiles — Pedestrian Crossing Highway — Negligence of Operator — […]