Category: Virginia Supreme Court Opinions

271 S.E.2d 419 CHARLIE SPRUILL v. COMMONWEALTH OF VIRGINIA 44023 Record No. 791532.Supreme Court of Virginia. October 10, 1980 Present: All the Justices. Prior presentence psychiatric report after earlier mistrial for abduction and rape does not show bias or contain inconsistent statements and is inadmissible to impeach witness who filed the report and testified in […]

85 S.E.2d 256 LAURA A. CAUTHORN AND PAUL M. CAUTHORN, INDIVIDUALLY AND AS GUARDIAN AND ADMINISTRATOR, ETC. v. LILLIAN B. CAUTHORN, ETC., ET AL. 39558 Record No. 4307.Supreme Court of Virginia. January 17, 1955 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Miller and Smith, JJ. (1) Partition — Sale of Land — When Jurisdiction Exists […]

83 S.E.2d 418 J. B. HERSHMAN v. J. N. PAYNE. 39517 Record No. 4253.Supreme Court of Virginia. September 8, 1954 Present, All the Justices. Automobiles — Guest Statute — Gross Negligence Not Shown. Payne, riding as a guest in Hershman’s truck, was injured when the vehicle was struck from behind by another car as Hershman […]

213 S.E.2d 800 FIRST NATIONAL BANK OF MARTINSVILLE AND HENRY COUNTY, ADMINISTRATOR, ETC. v. SIDNEY W. COBLER, ET AL. 43210 Record No. 740602.Supreme Court of Virginia. April 28, 1975 Present, All the Justices. (1) Appellate Review — Commissioner’s Report Disapproved by Chancellor. (2) Negotiable Instruments — Commercial Code — Renunciation. (3) Negotiable Instruments — Renunciation […]

96 S.E.2d 151 L. N. HILTON v. B. HOBERT AMBURGEY, ET AL. 39825 Record No. 4616.Supreme Court of Virginia. January 21, 1957 Present Hudgins, C. J., and Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) and (2) Garnishment — Sheriff’s Salary Exempt. 1. Hilton’s proceedings to garnish sums owed Amburgey by the Commonwealth and by […]

67 S.E.2d 875 CARSON T. OVERSTREET v. COMMONWEALTH OF VIRGINIA. 39177 Record No. 3849.Supreme Court of Virginia. December 3, 1951 Present, All the Justices. (1) Mechanics’ Liens — Fraudulent Appropriation by Contractor — Code Section 43-13 Does Not Interfere with Liberty to Contract. (2) Mechanics’ Liens — Fraudulent Appropriation by Contractor — Burden of Proof […]

278 S.E.2d 817 CLINCHFIELD COAL COMPANY v. HOMER ANDERSON 44134 Record No. 800987.Supreme Court of Virginia. June 12, 1981 Present: All the Justices. The limit for Workmen’s Compensation for total incapacity under Code Sec. 65.1-54 which is computed based on the average weekly wage of the Commonwealth, does not limit the cost of living supplement […]

401 S.E.2d 878 WILLIAM R. DUDLEY, ADMINISTRATOR, ETC. v. OFFENDER AID AND RESTORATION OF RICHMOND, INC. 46834 Record No. 900994Supreme Court of Virginia. March 1, 1991 Present: All the Justices The decedent who was murdered when a resident of a “half-way house” left the facility, although not foreseeably at risk as an individual, was a […]

309 S.E.2d 330 CHARLES E. YATES AND STATE FARM FIRE AND CASUALTY COMPANY v. WHITTEN VALLEY RENTAL CORPORATION 44568 Record No. 802051.Supreme Court of Virginia. December 2, 1983 Present: All the Justices. Oral contract of property damage insurance not proved when some elements of contract required by Code Sec. 38.1-333 not proved by clear and […]

17 S.E.2d 355 B. A. CUNNINGHAM, ADM’R, ETC. v. LEWIS B. WILLIAMS, AND OTHERS. 37880 Record No. 2390.Supreme Court of Virginia. November 24, 1941. Present, All the Justices. 1. MORTGAGES AND DEEDS OF TRUST — Enforcement — Limitations — Effect of 1898 Amendment to Code Section 5827. — Prior to Acts 1897-98, page 516, amending […]

4 S.E.2d 786 CARRIE B. GREGORY, ADMINISTRATRIX, ETC. v. B. R. DANIEL, N. A. DANIEL AND J. F. DANIEL, TRADING, ETC. 37564 Record No. 2080Supreme Court of Virginia. September 13, 1939 Present, Campbell, C.J., and Holt, Hudgins, Browning and Eggleston, JJ. 1. NEGLIGENCE — Violation of Statute — Does Not of Itself Establish Proximate Cause. […]

594 S.E.2d 899 JONATHAN PEREL, AS TRUSTEE FOR THE BALLYSHANNON TRUST, ET AL. v. SCOTT BRANNAN, ET AL. Record No. 031291.Supreme Court of Virginia. April 23, 2004. Present: All the Justices. The plaintiffs sued the defendant owners of a subdivision lot alleging a violation of restrictions against building in set-back and buffer areas as set […]

83 S.E.2d 353 SOUTHERN MATERIALS COMPANY, INCORPORATED v. BELLA B. MARKS, KEEVE MARKS, LUCY C. SIMS, ADMINISTRATRIX OF THE ESTATE OF FRANK SIMS. 39523 Record No. 4240.Supreme Court of Virginia. September 8, 1954 Present, Eggleston, Spratley, Buchanan and Smith, JJ. Mechanics Lien — Period of Limitation — When Running Account Due. Complainant Southern Materials, as […]

108 S.E.2d 376 KIRBY STRAWDERMAN v. COMMONWEALTH OF VIRGINIA. 40084 Record No. 4928.Supreme Court of Virginia. May 4, 1959 Present, All the Justices. (1) Criminal Procedure — Reasonable Doubt — Instruction Not Erroneous. (2) Rape — Conviction Not Supported by Evidence. 1. Defendant was convicted of rape of a child of five years and sentenced […]

222 S.E.2d 526 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TAXATION v. BLUEFIELD SANITARIUM, INC., T/A CLINCH VALLEY CLINIC HOSPITAL. 43326 Record No. 750233.Supreme Court of Virginia. March 5, 1976 Present, All the Justices. (1) Sales Tax — Purchase for Resale — Drugs Dispensed to Patients. (2) Taxation — Administrative Interpretation — Presumption. 1. Private hospital is […]

677 S.E.2d 261 LEO WILLIAMS v. LOUIS N. JOYNES, II, ET AL. Record No. 080751.Supreme Court of Virginia. June 4, 2009. Present: All the Justices. Five months after a chain-reaction automobile accident in which plaintiff was rear-ended by a vehicle which had been struck by a third vehicle while stopped at an intersection, plaintiff engaged […]

241 S.E.2d 800 MARY GREEN GOD v. DAVID A. HURT AND EVA MOORE HURT[1] 43647 Record No. 761253.Supreme Court of Virginia. March 3, 1978 [1] (This footnote appears with an asterisk in the published volume.) For rehearing of this Case see God v. Hurt, 219 Va. 160 (1978). Present: I’Anson, C.J., Carrico, Harrison, Cochran, Harman […]