Category: Virginia Supreme Court Opinions

72 S.E.2d 336 HILDA V. BRASWELL v. JOSEPH G. THOMAS. 39274 Record No. 3956.Supreme Court of Virginia. September 10, 1952 Present, Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) Appeal and Error — Period for Filing Petition for Appeal Expired. (2) Specific Performance — Enforcement of Decree — Relief Prayed Counter to Decree. 1. Appellant […]

99 S.E.2d 606 B-W ACCEPTANCE CORPORATION v. BENJAMIN T. CRUMP COMPANY, INC. 39888 Record No. 4651.Supreme Court of Virginia. September 6, 1957 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) Fraud — Misrepresentation Innocently Made — Constitutes Constructive Fraud. (2) Trust Receipts — Not Valid on Goods Previously Delivered. (3) Trust […]

94 S.E.2d 295 NICHOLAS M. CORDOVANA AND MARGARET B. CORDOVANA v. AMAND C. VIPOND AND SHIRLEY W. VIPOND. 39774 Record No. 4503.Supreme Court of Virginia. September 4, 1956 Present, All the Justices. (1) Rivers and Water Courses — Riparian Rights — Owner’s Rights in Navigable Stream. (2) Rivers and Water Courses — Riparian Rights — […]

14 S.E.2d 372 WALTER M. BOTT v. N. SNELLENBURG Co., INC. Supreme Court of Virginia. Richmond Record No. 2346. April 21, 1941. Present, Campbell, C. J., and Holt, Gregory, Browning, Eggleston and Spratley, JJ. 1. SALES — Verdict — Effect of Conflicting Evidence — Case at Bar. — In the instant case, a suit by […]

595 S.E.2d 281 KANEY F. O’NEILL v. WINDSHIRE-COPELAND ASSOCIATES, L.P., ET AL. Record No. 031824.Supreme Court of Virginia. April 23, 2004. Present: All the Justices. The United States Court of Appeals for the Fourth Circuit certified the following question: “If the defendant-owner of an apartment building is negligent per se because the protective railing on […]

356 S.E.2d 157 COLEMAN WAYNE GRAY v. COMMONWEALTH OF VIRGINIA COLEMAN WAYNE GRAY v. COMMONWEALTH OF VIRGINIA 45114 Record No. 860373 Record No. 860374Supreme Court of Virginia. April 24, 1987 Present: Carrico, C.J., Cochran,[*] Poff, Compton, Stephenson, Russell, and Thomas, JJ. [*] Justice Cochran participated in the hearing and decision of this case prior to […]

167 S.E.2d 317 JAMES T. COLLEY v. IRIS BURGESS COX, IN HER OWN RIGHT AND AS EXECUTRIX, ETC., ET AL. 42210 Record No. 6901.Supreme Court of Virginia. April 28, 1969 Present, All the Justices. (1) Joint Account — Right of Survivor. (2) Pleading and Practice — Suit by Executrix. 1. Decedent created joint savings account […]

514 S.E.2d 761 INDUSTRIAL ALLOY FABRICATORS, INC., ET AL. v. WILLIAMS INDUSTRIES, INC., ET AL. Record No. 981093Supreme Court of Virginia. April 16, 1999 Present: All the Justices In an indemnification and warranty case involving the purchase of corporate assets, the buyers appeal from a judgment in favor of the sellers. Since the trial court […]

2 S.E.2d 436 MRS. EMORY CUNDIFF v. A. B. JETER, ET AL. Supreme Court of Virginia. Richmond Record No. 2005 April 17, 1939 Present, All the Justices 1. ELECTIONS — Contest of Election — Public Policy Is to Regard Contests as Political. — In view of the constitutional mandates, the pertinent acts of the legislature […]

457 S.E.2d 42 MARK SCHNUPP v. ANDRE L. SMITH 50039 Record No. 940602Supreme Court of Virginia. Decided April 21, 1995 Present: All the Justices In a slander case in which the plaintiff claimed that the defendant policeman defamed him by publishing to his employer a false statement accusing him of having committed a criminal offense, […]

43 S.E.2d 37 FRED NUTTALL v. CHARLES M. LANKFORD, JR., COMMISSIONER OF FISHERIES, ET ALS. 38601 Record No. 3191.Supreme Court of Virginia. June 9, 1947 Present, All the Justices. 1. OYSTERS — Possession of Oyster Planting Ground — Case at Bar. — In the instant case, a suit involving the possession of oyster planting grounds, […]

708 S.E.2d 864 SHAWN S. NECAISE v. COMMONWEALTH OF VIRGINIA. Record No. 100157.Supreme Court of Virginia. April 21, 2011. Present: Kinser, C.J., Lemons, Goodwyn, and Millette, JJ., and Russell and Koontz, S.JJ. Defendant was arrested on warrants charging felonious disregard of a police officer’s signal to stop, and feloniously assaulting a police officer engaged in […]

96 S.E.2d 744 GEORGE M. HOGAN v. COUNTY OF NORFOLK. 39826 Record No. 4630.Supreme Court of Virginia. March 11, 1957 Present, Eggleston, Spratley, Buchanan, Whittle and Snead, JJ. (1) Taxation — Situs of Personal Property for Taxation. (2) Taxation — Assessment Presumed Valid. 1. During 1948-1953 defendant was a resident of the city of Portsmouth. […]

348 S.E.2d 223 WALT ROBBlNS, INCORPORATED, ET AL. v. DAMON CORPORATION, ET AL. 45156 Record No. 830658Supreme Court of Virginia. September 5, 1986 Present: All the Justices A decree holding certain mechanics’ liens enforceable and denying a personal judgment against a party is reversed in part, due to a failure to name all necessary parties […]

45 S.E.2d 913 UTILA GUTHRIE NICHOLS, ADMINISTRATRIX OF J. B. NICHOLS, DECEASED v. SOUTHERN RAILWAY COMPANY. 38653 Record No. 3258.Supreme Court of Virginia. January 12, 1948 Present, All the Justices. 1. CROSSINGS — Last Clear Chance — Burden of Proof — Case at Bar. — In the instant case, an action for wrongful death, decedent […]

205 S.E.2d 674 CHARLOTTESVILLE MUSIC CENTER, INC. v. OLLlE T. MCCRAY, ADMINISTRATOR, ETC. 43062 Record No. 730554.Supreme Court of Virginia. June 10, 1974 Present, All the Justices. (1) Workmen’s Compensation — Employer — Contract of Hire. (2) Negligence — Invitee. (3) Negligence — Jury Question. (4) Contributory Negligence — Jury Question — Burden of Proof […]