Category: Virginia Supreme Court Opinions

58 S.E.2d 63 RALPH E. TURPIN v. G. H. BRANAMAN, E. W. BARGER AND C. M. LAMBERT, ETC. 38975 Record No. 3613.Supreme Court of Virginia. March 13, 1950 Present, Gregory, Eggleston, Spratley, Buchanan, Staples and Miller, JJ. (1) Appeal and Error — Review in Appellate Court — Verdict Where Evidence Conflicting — Finding That Contract […]

458 S.E.2d 766 LUCY WILLS HARRISON JONES, ET AL. v. MARY DONNAN TODMAN HARRISON, ETC. 50408 Record No. 941229Supreme Court of Virginia. Decided: June 9, 1995 Present: All the Justices The trial court erred in failing to impose a constructive trust upon a certain portion of the life insurance proceeds in the defendant widow’s hands […]

165 S.E.2d 281 THOMAS CAMPBELL AND JULIA CAMPBELL v. STATE HIGHWAY COMMISSIONER OF VIRGINIA. 42160 Record No. 6827.Supreme Court of Virginia. January 20, 1969 Present, All the Justices. Condemnation — Adequate Compensation — Water Supply Replaced. Highway Commissioner took water system and easements owned by Campbell, located on land owned by Danielson, and provided access […]

16 S.E.2d 357 LIFE AND CASUALTY INSURANCE COMPANY OF TENNESSEE v. UNEMPLOYMENT COMPENSATION COMMISSION OF VIRGINIA, ETC. 37835 Record No. 2435.Supreme Court of Virginia. September 10, 1941. Present, All the Justices. 1. MASTER AND SERVANT — Unemployment Compensation — Statutory Definition of “Employment” Not Merely Adoption of Common-Law Definition of Servant — Case at Bar. […]

431 S.E.2d 323 KARL PHILIP KNODEL v. JOHN L. DICKERMAN, ADMINISTRATOR OF THE ESTATE OF CHARLOTTE ELIZABETH DICKERMAN 48818 Record No. 921483Supreme Court of Virginia. June 11, 1993 Present: All the Justices In a judgment approving a jury’s verdict in a wrongful death action, the trial court correctly held that a child, adopted after the […]

4 S.E.2d 395 SOUTHERN RAILWAY COMPANY v. MILTON R. BARKER AND MUTUAL INSURANCE COMPANY, ETC. 37549 Record No. 2115Supreme Court of Virginia. September 13, 1939 Present, All the Justices 1. FIRES — Railroads — Unnecessary to Prove Negligence. — Negligence is not an essential part of plaintiffs’ proof in actions against a railroad company for […]

148 S.E.2d 826 MARY BAILEY, ADMINISTRATRIX, ETC. v. C. V. HUNTER, INC., ET AL. 01018 Record No. 6221.Supreme Court of Virginia. June 13, 1966 Present, Eggleston, C.J., and Spratley, Snead, I’Anson, Carrico and Gordon, JJ. Evidence — Cause of Death — Death Certificate Not Admissible to Prove. Defendant corporation’s tractor-trailer struck a vehicle driven by […]

450 S.E.2d 156 E.S. CHAPPELL SON, INC. v. P.D. BROOKS, JR., TRUSTEE, ETC., ET AL. 49671 Record No. 931854Supreme Court of Virginia. November 4, 1994 Present: All the Justices The trial court erred in holding thai the Commonwealth was the owner of a 50-foot, east-west strip of land because it had not effectively accepted the […]

10 S.E.2d 893 J. S. EATON v. HENRIETTA V. DAVIS. Supreme Court of Virginia. Richmond Record No. 2262. October 14, 1940. Present, All the Justices. 1. DEMURRERS — Effect — Facts Alleged Considered as True. — Facts alleged in a bill must be considered as true upon a demurrer. 2. ALIMONY — Modification of Decree […]

158 S.E.2d 179 OLIN D. JONES v. C. C. PEYTON, SUPERINTENDENT, ETC. 42014 Record No. 6484.Supreme Court of Virginia. December 4, 1967 Present, Eggleston, C.J., and Buchanan, Snead, I’Anson and Gordon, JJ. Criminal Procedure — Public Trial. Trial held in Judge’s chamber with door closed while members of accused’s family waited in courtroom for trial […]

177 S.E.2d 628 DALE LEON POWERS v. COMMONWEALTH OF VIRGINIA. 42407 Record No. 7326.Supreme Court of Virginia. November 30, 1970 Present, All the Justices. (1) Criminal Procedure — Appeal — Sufficiency of Evidence. (2) Criminal Law — Reckless Driving. 1. When sufficiency of evidence is challenged Appellate Court will view the evidence in the light […]

297 S.E.2d 714 JOHN E. PRUITT, JR., ET AL. v. VAN FERGUSON, ET AL. 44406 Record No. 801066.Supreme Court of Virginia. December 3, 1982 Present: All the Justices. Former Code 58-1053 (now repealed) required tax notice to owners shown on land records; grantees were responsible for recording 1877 deed and neither they nor their successors […]

525 S.E.2d 274 KATHERINE FITZGERALD SHIRLEY v. KATHERINE GRAY SHIRLEY, ET AL. Record No. 990611.Supreme Court of Virginia. March 3, 2000. Present: Carrico, C.J., Compton,[1] Lacy, Hassell, Keenan, Koontz, and Kinser, JJ. [1] Justice Compton participated in the hearing and decision of this case prior to the effective date of his retirement on February 2, […]

21 S.E.2d 748 AMERICAN SURETY COMPANY OF NEW YORK v. COMMONWEALTH OF VIRGINIA, ET AL. Supreme Court of Virginia. Staunton Record No. 2538. September 9, 1942. Present, Campbell, C.J., and Holt, Hudgins, Gregory and Eggleston, JJ. 1. PUBLIC OFFICERS — Bonds — Failure of Officer to Execute New Bond — Effect of Payment of Premium […]

281 S.E.2d 869 FLORIDA E. PETERSON v. JULIET NEME 44190 Record No. 790651.Supreme Court of Virginia. September 11, 1981 Present: All the Justices. Resident illegal aliens have standing to sue in Virginia; employment contracts underlying resident illegal alien’s tort claim for wage losses are valid and the tort claim is enforceable since the penalty for […]

183 S.E.2d 734 FRANK A. JEFFERSON v. COMMONWEALTH OF VIRGINIA. 42572 Record No. 7731.Supreme Court of Virginia. October 11, 1971 Present, All the Justices. Criminal Procedure — Exclusion of Witnesses — Statute Void for Indefiniteness. Statute requiring exclusion of each witness whose presence is not necessary to the proceeding is void for indefiniteness. Court can […]

381 S.E.2d 6 CITY OF MARTINSVILLE v. TULTEX CORPORATION, ET AL. 46044 Record No. 870673Supreme Court of Virginia. June 9, 1989 Present: All the Justices The trial court holding that certain computer equipment should be included in capital and deemed intangible personal property, segregated for state taxation only, is affirmed. Taxation — Personal Property — […]

449 S.E.2d 787 CONCERNED RESIDENTS OF GLOUCESTER COUNTY, ET AL. v. BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, ET AL. 49663 Record No. 931411Supreme Court of Virginia. November 4, 1994 Present: All the Justices Since the contract between a county board of supervisors and a private corporation engaged in waste disposal does not (1) create “debt,” […]