160 S.E. 81 V. C. IRBY v. B. W. GARDNER, ET AL. 36270Supreme Court of Virginia. September 17, 1931 Present, Campbell, Holt, Epes, Hudgins and Gregory, JJ. 1. FRAUDULENT AND VOLUNTARY CONVEYANCES — Conveyance from Mother to Son — Evidence Showing that Money Obtained by Mother from Son Was a Loan and Not a Gift […]
Category: Virginia Supreme Court Opinions
OVERNITE TRANSP. CO. v. BARNETT’S, 217 Va. 222 (1976)
227 S.E.2d 695 OVERNITE TRANSPORTATION COMPANY v. BARNETT’S, INC. OVERNITE TRANSPORTATION COMPANY v. WHITE FRONT SUPPLY COMPANY. 43405 Record Nos. 750960 and 750961.Supreme Court of Virginia. September 2, 1976. Present, All the Justices. Pleading and Practice — Appeal to Circuit Court — Responsive Pleadings. Barnett’s filed a civil warrant in general district court against Overnite, […]
REYNOLDS v. MILK COMMISSION, 163 Va. 957 (1935)
179 S.E. 507 R. J. REYNOLDS, ET ALS. v. MILK COMMISSION OF VIRGINIA 36835Supreme Court of Virginia. UPON REHEARING March 29, 1935 Present, Campbell, C.J., and Holt, Hudgins, Gregory, Browning, Chinn and Eggleston, JJ. 1. CONSTITUTIONAL LAW — Power of Legislature — Extent. — Outside the power ceded to the federal government, the power of […]
PEYTON v. ALEXANDER, 208 Va. 129 (1967)
155 S.E.2d 343 C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY v. JOEL ALEXANDER. 41980 Record No. 6436.Supreme Court of Virginia. June 1, 1967 Present, All the Justices. Criminal Procedure — Habeas Corpus — No Effective Representation. Petitioner convicted three charges robbery and two of burglary in 1958, granted habeas corpus and released on […]
JORDAN v. SAUVE AND KOONS, 219 Va. 448 (1978)
247 S.E.2d 739 MARCELLA JEAN JORDAN v. NEIL SAUVE AND KOONS FORD, INC. 43723 Record No. 770352.Supreme Court of Virginia. October 6, 1978 Present: All the Justices. For punitive damages in fraud there must be proof, direct or circumstantial, showing actual malice; on defendant’s motion to strike, inferences must be drawn favorable to plaintiff; evidence […]
PROTESTANT EPISCOPAL CHURCH v. TRURO CHURCH, 280 Va. 6 (2010)
694 S.E.2d 555 THE PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF VIRGINIA v. TRURO CHURCH, ET AL. THE EPISCOPAL CHURCH v. TRURO CHURCH, ET AL. Record Nos. 090682, 090683.Supreme Court of Virginia. June 10, 2010. Present: Hassell, C.J., Koontz, Kinser, and Millette, JJ., and Lacy, S.J. Strongly dissatisfied with certain acts taken by its leadership […]
BATLEMAN v. RUBIN, 199 Va. 156 (1957)
98 S.E.2d 519 BARBARA R. BATLEMAN, ET AL., ETC. v. AUGUSTA ZUBER RUBIN. 39870 Record No. 4665.Supreme Court of Virginia. June 14, 1957 Present, All the Justices. (1) Antenuptial Agreements — When Valid. (2) Antenuptia1 Agreements — Wife’s Agreement to Take Unfair Share — Presumption Raised that Disclosure of Worth Not Made by Husband. (3) […]
HAFNER v. HANSEN, 279 Va. 558 (2010)
JUDITH HAFNER v. WALTER D. HANSEN. Record No. 090972.Supreme Court of Virginia. April 15, 2010. Present: Hassell, C.J., Keenan, [1] Koontz, Lemons, Goodwyn, and Millette, JJ., and Carrico, S.J. [1] Justice Keenan participated in the hearing and decision of this case prior to her retirement from the Court on March 12, 2010. During a remodeling […]
WRIGHT v. EVERETT, 197 Va. 608 (1956)
90 S.E.2d 855 W. B. WRIGHT v. HARRIS W. EVERETT AND PATRICIA A. EVERETT. 39809 Record No. 4442.Supreme Court of Virginia. January 16, 1956 Present, All the Justices. (1) Damages — Exemplary Damages — When Awarded. (2) Damages — Exemplary Damages — Breach of Contract. (3) Damages — Exemplary Damages — Award Improper. 1. Exemplary […]
REALTY CORPORATION v. LOONEY, 201 Va. 432 (1959)
111 S.E.2d 410 BUCHANAN REALTY CORPORATION, ET AL. v. IDA LOONEY, ET AL. 41053 Record No. 5015.Supreme Court of Virginia. November 30, 1959 Present, Eggleston, C.J., and Spratley, Buchanan, Miller, Snead and I’Anson, JJ. (1) Real Estate — Disputed Claims of Ownership Settled. (2) Attorneys — Fees — Payment from Fund Approved. (3) Partition — […]
RIDDLEBERGER v. CHESAPEAKE RAILWAY, 229 Va. 213 (1985)
327 S.E.2d 663 H. D. RIDDLEBERGER, JR., ET AL. v. CHESAPEAKE WESTERN RAILWAY 44784 Record No. 820760Supreme Court of Virginia. at Richmond Decided March 8, 1985 Present: All the Justices. Code Sec. 55-154. Presumption that no minerals exist in land, held unconstitutional in that it violates Va. Const. art. IV. Sec. 14(3) prohibiting special, local […]
NEWPORT NEWS v. TELEPHONE COMPANY, 198 Va. 645 (1957)
96 S.E.2d 145 CITY OF NEWPORT NEWS v. THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA. 39812 Record No. 4625.Supreme Court of Virginia. January 21, 1957 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) Public Utilities — Rates — Corporation Commission Exercises Legislative Powers. (2) Public Utilities — Local Taxes […]
SOUTHERN RAILWAY v. COMMONWEALTH, 211 Va. 210 (1970)
176 S.E.2d 578 SOUTHERN RAILWAY COMPANY, ET AL. v. COMMONWEALTH OF VIRGINIA EX REL., ETC., ET AL. 42387 Record No. 7257.Supreme Court of Virginia. September 4, 1970 Present, All the Justices. (1) Property Tax — Assessment — Fair Market Value. (2) Corporation Commission — Administrative Practice — Valuation and Assessment for Tax Purposes. (3) Administrative […]
CAMPBELL v. COMMONWEALTH, 176 Va. 564 (1940)
11 S.E.2d 577 LEXIE ROSE CAMPBELL v. COMMONWEALTH OF VIRGINIA. Supreme Court of Virginia. Richmond Record No. 2273. November 25, 1940. Present, All the Justices. 1. INTOXICATING LIQUORS — Nuisances — Evidence — Prior Convictions — Should Be Restricted to Quantum of Punishment — Case at Bar. — In the instant case, a prosecution for […]
VA. DEPT. OF CORRECTIONS v. CLARK, 227 Va. 525 (1984)
318 S.E.2d 399 VIRGINIA DEPARTMENT OF CORRECTIONS, ET AL. v. JAMES T. CLARK, JR. 44665 Record No. 830584.Supreme Court of Virginia. June 15, 1984. Present: All the Justices. Sentence of death previously imposed, but purportedly commuted by Trial Court on ground of ineffective counsel in sentencing proceeding, to remain in effect; standard for effective assistance […]
TROYER v. TROYER, 231 Va. 90 (1986)
341 S.E.2d 182 JOHN CLAYTON TROYER v. MARY JANE YODER TROYER, ET AL. 45001 Record No. 822068Supreme Court of Virginia. March 7, 1986 Present: All the Justices Judgment is affirmed enforcing an agreement to transfer real property where supported by consideration in the form of forebearance to prosecute a marital support claim and evidenced by […]
BREWER v. BREWER, 199 Va. 753 (1958)
102 S.E.2d 303 ALMA MCNEIL BREWER v. WILLIAM PHILLIP BREWER. 39944 Record No. 4722.Supreme Court of Virginia. March 10, 1958 Present, All the Justices. (1) Appeal and Error — Decree Based on Depositions — What Weight Given To. (2) and (3) Deeds — Delivery — Rules Stated. (4) Deeds — Delivery — Evidence Sufficient to […]
PFLASTER v. TOWN OF BERRYVILLE, 157 Va. 859 (1931)
161 S.E. 58 GEORGE E. PFLASTER v. TOWN OF BERRYVILLE 36327Supreme Court of Virginia. November 12, 1931 Present, Prentis, C.J., and Campbell, Hudgins, Gregory and Browning, JJ. 1. AUTOMOBILES — Driving Automobile while under the Influence of Intoxicants — Evidence Sufficient to Support Conviction — Case at Bar. — In the instant case plaintiff in […]
PERDON COAL CO. v. STILTNER, 228 Va. 461 (1984)
323 S.E.2d 110 PERDON COAL COMPANY/UNITED COAL COMPANY v. CHARLES C. STILTNER 44728 Record No. 831412.Supreme Court of Virginia. November 30, 1984. Present: All the Justices. Industrial Commission not required to consolidate claims against different employers for hearing but should have permitted employer to take post-hearing deposition of physician who offered conflicting opinions as to […]
BLANTON’S DELIVERY v. PONY EXPRESS, 219 Va. 280 (1978)
247 S.E.2d 397 BLANTON’S PACKAGE DELIVERY, INC. v. PONY EXPRESS COURIER CORPORATION OF VIRGINIA, ET AL. 43710 Record No. 771920.Supreme Court of Virginia. August 31, 1978 Present: All the Justices. Applicant for certificate of public convenience and necessity as restricted parcel carrier under Code Ch. 12.5, Title 56 has no burden to show existing carriers […]