Category: Virginia Supreme Court Opinions

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 […]

164 S.E.2d 660 CHECKERED FLAG MOTOR CAR COMPANY, INC. v. IVAN L. GRULKE, T/A, ETC. 42150 Record No. 6763.Supreme Court of Virginia. December 6, 1968 Present, All the Justices. (1) Motor Vehicle — Lien — Priority. (2) Commercial Code — Priority — Comment. (3) Statutory Construction — Re-enactment. (4) Statutory Lien — Waiver. 1. Holder […]

496 S.E.2d 61 GORDON SPENCE v. BOARD OF ZONING APPEALS FOR THE CITY OF VIRGINIA BEACH, ET AL. Record No. 970351Supreme Court of Virginia. January 9, 1998 Present: All the Justices The trial court did not err in upholding a decision of a board of zoning appeals that authorized a variance from certain residential setback […]

119 S.E.2d 336 MARGARET M. CRETEAU v. PHOENIX ASSURANCE COMPANY OF NEW YORK. 41212 Record No. 5213.Supreme Court of Virginia. April 24, 1961 Present, Eggleston, C.J., and Buchanan, Whittle, Snead, I’Anson and Carrico, JJ. (1) Uninsured Motorist Law — Insurer Must Be Served in Action against Motorist. (2) Uninsured Motorist Law — Requirement of Service […]

58 S.E.2d 30 ARTHUR REEVES MORRISON v. COMMONWEALTH OF VIRGINIA, EX REL. C. F. JOYNER, JR., COMMISSIONER OF MOTOR VEHICLES. 38952 Record No. 3668.Supreme Court of Virginia. March 13, 1950 Present, All the Justices. (1) Automobiles — Revocation of Operator’s Permit — Statutory Limitation on Review of Commissioner’s Order. (2) Automobiles — Revocation of Operator’s […]

33 S.E.2d 636 LEONARD LEE EVANS v. COMMONWEALTH OF VIRGINIA. 38312 Record No. 2929.Supreme Court of Virginia. April 23, 1945. Present, All the Justices. 1. SEDUCTION — Indictment — Must Follow Language of Statute. — Since seduction is a statutory offense, it is imperative that the indictment follow the language of the statute, section 4410 […]

403 S.E.2d 338 L. MARIE WOLFE, ADMINISTRATRIX OF THE ESTATE OF ROBBIE SHAWN WOLFE v. FREDERICK L. BAUBE, III, ET AL. 46855 Record No. 901230Supreme Court of Virginia. April 19, 1991 Present: Carrico, C.J., Stephenson, Russell, Whiting, Lacy, and, Hassell, JJ., and Poff, Senior Justice Since, as a matter of law, the decedent’s conduct did […]

455 S.E.2d 506 RONALD LEE FITZGERALD v. COMMONWEALTH OF VIRGINIA 50034 Record Nos. 941426 941586Supreme Court of Virginia. March 3, 1995 Present: All the Justices Having found no reversible error among the issues presented by the appeals in this capital murder case, and having conducted the review mandated by Code Sec. 17-110.1, the judgments of […]

18 S.E.2d 258 WILLIAM H. JONES v. LAURA J. PASCO. Supreme Court of Virginia. Richmond Record No. 2454. January 19, 1942. Present, All the Justices. 1. AUTOMOBILES — Negligence — Going to Sleep While Driving. — In the exercise of ordinary care there rests upon the operator of an automobile the duty of prevision, and […]

479 S.E.2d 530 THERESA A. MULLINS v. VIRGINIA LUTHERAN HOMES, INC. Record No. 960961Supreme Court of Virginia. January 10, 1997 Present: All the Justices In this action by a worker alleging that she was unlawfully discharged from employment for filing a workers’ compensation claim, the trial court erred in striking the plaintiff’s evidence because, viewed […]

259 S.E.2d 821 EASCALCO, INC. v. HARRY A. CAULFIELD, ET AL. 43878 Record No. 780378.Supreme Court of Virginia. November 21, 1979 Present: All the Justices. When granting specific performance of a contract for the purchase of land, the court must enforce the interest provision as set forth in the contract; Code Sec. 8.01-382 distinguished. (1) […]

568 S.E.2d 680 LEE COUNTY v. TOWN OF ST. CHARLES. Record No. 012543.Supreme Court of Virginia. September 13, 2002. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Lemons, JJ., and Compton, S.J. Decades ago, a county and a town adopted a joint resolution to create a water and sewer authority. The articles of incorporation and […]

387 S.E.2d 502 CHARLES LUDDEKE, JR, ET AL, v. AMANA REFRIGERATION, INC., ET AL. 46223 Record No. 881160Supreme Court of Virginia. January 12, 1990 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting and Lacy, JJ., and Poff, Senior Justice A trial court finding that several remedies invoked by homeowners in their chancery suit against the seller […]

389 S.E.2d 886 DAWUD MAJID MU’MIN A/K/A DAVID MICHAEL ALLEN v. COMMONWEALTH OF VIRGINIA 46253 Record No. 890899Supreme Court of Virginia. March 2, 1990 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Hassall, JJ., and Poff Senior Justice In the automatic review of a death sentence imposed on a defendant for capital murder, consolidated with […]