Category: Virginia Supreme Court Opinions

319 S.E.2d 725 WILLIAM H. BURRUSS, JR., ET AL. v. GREEN AUCTION AND REALTY COMPANY, INC. 44676 Record No. 820136.Supreme Court of Virginia. September 7, 1984. Present: All the Justices. Evidence supports Trial Court’s finding that real estate broker did not breach his fiduciary duty to disclose material information to joint venturers as principals when […]

183 S.E.2d 130 VIRGINIA ELECTRIC AND POWER COMPANY v. ROBERT S. COLEMAN, ET AL. 42553 Record No. 7561.Supreme Court of Virginia. September 1, 1971 Present, Snead, C.J., I’Anson, Carrico, Gordon, Cochran and Harman, JJ. Eminent Domain — Power Line — Secondary Easement — Specific Location. In petition to acquire right-of-way for pole line, utility also […]

377 S.E.2d 393 COLONIAL INSURANCE COMPANY OF CALIFORNIA v. FRED RAINEY, JR. 45906 Record No. 870186Supreme Court of Virginia. March 3, 1989 Present: All the Justices The trial court correctly concluded that when the operator of an uninsured vehicle is not inside the vehicle and in control of it, there must be a direct, causal […]

377 S.E.2d 408 M. ROTHSCHILD CO., INC. v. P. T. TRIKORA LLOYD 45916 Record No. 860468Supreme Court of Virginia. March 3, 1989 Present: All the Justices Judgment in two actions turning on whether the consignee of two separate shipments of crude rubber successfully proved that the rubber was damaged by water while in the custody […]

258 S.E.2d 506 HAROLD JULIUS UPCHURCH v. COMMONWEALTH OF VIRGINIA 43868 Record No. 781771.Supreme Court of Virginia. October 5, 1979 Present: All the Justices. The hearsay rule is not violated by the admission of testimony regarding a radio message received by a policeman prior to arresting defendant. Evidence — Hearsay Rule — Not Violated by […]

267 S.E.2d 608 BOARD OF SUPERVISORS OF FAIRFAX COUNTY, ET AL. v. LEASCO REALTY, INC. 43983 Record No. 780914.Supreme Court of Virginia. June 6, 1980 Present: All the Justices. Taxpayer failed to establish lack of uniformity in real property assessments under Code Sec. 58-1145; disparity in “valuation of adjacent property insufficient to prove assessment not […]

326 S.E.2d 662 PENROD STAUFFER BUILDING SYSTEMS, INC. v. METRO PRINTING AND MAILING SERVICES, INC. 44775 Record No. 820067Supreme Court of Virginia. at Richmond Decided March 8, 1985 Present: All the Justices Property description in a memorandum of mechanic’s lien giving street address and deed book reference is held sufficient under Code Sec. 43-4 and […]

30 S.E.2d 555 THELMA G. FUSSELL v. JOSIAH FUSSELL. 38205 Record No. 2795.Supreme Court of Virginia. June 22, 1944. Present, All the Justices. 1. DIVORCE — Cruelty — Sufficiency of Evidence — Custody of Children — Case at Bar. — In the instant case, a suit for divorce, appellant prayed for a divorce a mensa […]

423 S.E.2d 180 W.E. JAMERSON, ET AL. v. PAMELA M. WOMACK, ET AL. 48057 Record No. 920460Supreme Court of Virginia. November 6, 1992 Present: All the Justices The chancellor did not err in holding that the General Assembly’s 1991 reapportionment act did not violate the compactness requirements of Article II, Sec. 6 of the Constitution […]

272 S.E.2d 649 INFANTS, AND OTHER PERSONS UNDER DISABILITY, ETC., ET AL. v. VIRGINIA HOUSING DEVELOPMENT AUTHORITY, ET AL. 44044 Record No. 791533.Supreme Court of Virginia. November 26, 1980 Present: Carrico, Harrison, Cochran, Poff, Compton and Thompson, JJ. Statutory authorization for appropriation of state funds to eliminate capital reserve fund shortfall for economically mixed projects […]

587 S.E.2d 695 COMMONWEALTH OF VIRGINIA v. RICHARD WAYNE NUCKLES. Record No. 022776.Supreme Court of Virginia. October 31, 2003. Present: All the Justices. An indictment charged defendant with grand larceny by feloniously taking, stealing, and carrying away “the goods and chattels of Breeden Mechanical Inc.” The evidence at trial showed that defendant worked for Breeden […]

221 S.E.2d 166 VERGA REID, ET AL. v. WILLIAM BURKE ALLEN, ET AL. 43316 Record No. 741107.Supreme Court of Virginia. January 16, 1976 Present, I’Anson, C.J., Carrico, Harrison, Cochran, Poff and Compton, JJ. (1) Appellate Review — Commissioner’s Report — Disapproved by Chancellor. (2) Appellate Review — Restricted Issues. (3) Real Property — Specific Performance […]

391 S.E.2d 60 LLEWELLYN KING v. W. H. FORST, STATE TAX COMMISSIONER 46266 Record No. 890562Supreme Court of Virginia. April 20, 1990 Present: All the Justices For the purposes of Code Sec. 58-151.015, the District of Columbia’s unincorporated business tax is an income tax, and the trial court incorrectly determined that a Virginia resident is […]

654 S.E.2d 572 FRED HILTON, ADMINISTRATOR OF THE ESTATE OF COURTNEY LEIGHANN HILTON RHOTON, DECEASED v. JOSHUA PHILLIP MARTIN, ET AL. Record No. 070091.Supreme Court of Virginia. January 11, 2008. Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Russell, S.J. Plaintiff’s decedent was an emergency medical services employee, seated on the passenger […]

58 S.E.2d 312 CARVEL BENSON v. COMMONWEALTH OF VIRGINIA. 38969 Record No. 3656.Supreme Court of Virginia. March 13, 1950 Present, All the Justices. (1) Grand Jury — Selecting, Summoning and Impaneling — Impaneling Special Grand Jury from Selected Class. (2) Grand Jury — Necessity of Grand Jury — Indictment in Felony Cases Not Predicated on […]

299 S.E.2d 694 A. CHARLES SACHS v. GERALD HOFFMAN AND CARMAN HOFFMAN 44411 Record No. 800722.Supreme Court of Virginia. January 21, 1983 Present: All the Justices. Expert testimony sufficient to support Jury verdict concerning rental losses attributable to defendant’s removal of equipment attached to building; argument of equitable estoppel rejected; other issues. (1) Pleading and […]

135 S.E.2d 802 TERMINAL CARS, INCORPORATED v. MILDRED E. WAGNER. COLUMBUS MANNING v. MILDRED E. WAGNER. 41532 Record Nos. 5738, 5739.Supreme Court of Virginia. April 27, 1964. Present, Eggleston, C.J., and Buchanan, Whittle, Snead, I’Anson and Carrico, JJ. (1) Automobiles — Passenger Injured by Sudden Stop of Taxicab — Instruction on Speed Proper. (2) Automobiles […]

506 S.E.2d 317 COMMONWEALTH OF VIRGINIA v. JAMES ARTHUR PRICE, JR. Record No. 980061Supreme Court of Virginia. November 6, 1998 Present: All the Justices Because the Court of Appeals correctly found that the defendant was held continuously in custody in excess of five months from a finding of probable cause until trial in violation of […]

74 S.E.2d 165 BURROWS McNEIR v. GREER-HALE CHINCHILLA RANCH, A PARTNERSHIP COMPOSED OF W. W. GREER, JR., AND DR. EDWARD E. HALE. 39339 Record No. 4019.Supreme Court of Virginia. January 26, 1953 Present, Hudgins, C.J., Spratley, Miller, Smith, Whittle, JJ. (1) Sales — Warranty of Quality — Questions for Jury. (2) Evidence — Test of […]