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35 Virginia opinions name it 6 courts 1840–2016 0 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rowe v. Com.green2 sentences2016Rowe v. Commonwealth, 277 Va. 495, 502-503 (2009).” On February 5, 2015, after hearing argument on appellant’s motion, the trial court denied the motion and sentenced appellant on the grand larceny charge. 2016Rowe v. Commonwealth, 277 Va. 495, 502-503 (2009).” On February 5, 2015, after hearing argument on appellant’s motion, the trial court denied the motion and sentenced appellant on the grand larceny charge. | 3 | 3 |
Smith v. Smithgreen1 sentence2014See Smith v. Smith, 173 S.W.2d 813 (Ky. 1943); Beall v. Hilliary, 1 Md. 186 (1851); Ballard v. Zachry, 187 S.E. 139 (Ga. Ct. App. 1936); 31 Am. | 1 | 1 |
Johnson v. Commonwealthgreen2 sentences2011It Berglund is in fact controlling, under the interpanel accord doctrine, the “decision of one panel ‘becomes a predicate for application of the doctrine of stare decisis’ and cannot be overruled except by the Court of Appeals sitting en banc or by the Virginia Supreme Court.” Clinchfield Coal Co., 40 Va.App. at 73 , 577 S.E.2d at 540 (quoting Johnson v. Commonwealth, 252 Va. 425, 430 , 478 S.E.2d 539, 541 (1996)). 3 *320 The phrase ratio decidendi, Latin for “the reason for the decision,” means “the principle or rule of law on which a court’s decision is founded.” Black’s Law Dictionary 1290 2011It Berglund is in fact controlling, under the interpanel accord doctrine, the “decision of one panel ‘becomes a predicate for application of the doctrine of stare decisis’ and cannot be overruled except by the Court of Appeals sitting en banc or by the Virginia Supreme Court.” Clinchfield Coal Co., 40 Va.App. at 73 , 577 S.E.2d at 540 (quoting Johnson v. Commonwealth, 252 Va. 425, 430 , 478 S.E.2d 539, 541 (1996)). 3 *320 The phrase ratio decidendi, Latin for “the reason for the decision,” means “the principle or rule of law on which a court’s decision is founded.” Black’s Law Dictionary 1290 | 1 | 1 |
Breeden v. Commonwealthgreen2 sentences2010See id. at 554-55 , 100 S.E.2d at 705 (“It appears that none of the cited cases lays down the principle that such an instruction must be -4- sound discretion and will not be disturbed on appeal absent an abuse of discretion.’” Michels v. Commonwealth, 47 Va. App. 461, 465 , 624 S.E.2d 675, 678 (2006) (quoting Breeden v. Commonwealth, 43 Va. App. 169, 184 , 596 S.E.2d 563, 570 (2004)). 2010See id. at 554-55 , 100 S.E.2d at 705 (“It appears that none of the cited cases lays down the principle that such an instruction must be -4- sound discretion and will not be disturbed on appeal absent an abuse of discretion.’” Michels v. Commonwealth, 47 Va. App. 461, 465 , 624 S.E.2d 675, 678 (2006) (quoting Breeden v. Commonwealth, 43 Va. App. 169, 184 , 596 S.E.2d 563, 570 (2004)). | 1 | 1 |
Simpson v. Commonwealthgreen2 sentences2010See id. at 554-55 , 100 S.E.2d at 705 (“It appears that none of the cited cases lays down the principle that such an instruction must be -4- sound discretion and will not be disturbed on appeal absent an abuse of discretion.’” Michels v. Commonwealth, 47 Va. App. 461, 465 , 624 S.E.2d 675, 678 (2006) (quoting Breeden v. Commonwealth, 43 Va. App. 169, 184 , 596 S.E.2d 563, 570 (2004)). 2010See id. at 554-55 , 100 S.E.2d at 705 (“It appears that none of the cited cases lays down the principle that such an instruction must be -4- sound discretion and will not be disturbed on appeal absent an abuse of discretion.’” Michels v. Commonwealth, 47 Va. App. 461, 465 , 624 S.E.2d 675, 678 (2006) (quoting Breeden v. Commonwealth, 43 Va. App. 169, 184 , 596 S.E.2d 563, 570 (2004)). | 1 | 1 |
Michels v. Commonwealthgreen2 sentences2010See id. at 554-55 , 100 S.E.2d at 705 (“It appears that none of the cited cases lays down the principle that such an instruction must be -4- sound discretion and will not be disturbed on appeal absent an abuse of discretion.’” Michels v. Commonwealth, 47 Va. App. 461, 465 , 624 S.E.2d 675, 678 (2006) (quoting Breeden v. Commonwealth, 43 Va. App. 169, 184 , 596 S.E.2d 563, 570 (2004)). 2010See id. at 554-55 , 100 S.E.2d at 705 (“It appears that none of the cited cases lays down the principle that such an instruction must be -4- sound discretion and will not be disturbed on appeal absent an abuse of discretion.’” Michels v. Commonwealth, 47 Va. App. 461, 465 , 624 S.E.2d 675, 678 (2006) (quoting Breeden v. Commonwealth, 43 Va. App. 169, 184 , 596 S.E.2d 563, 570 (2004)). | 1 | 1 |
Massey Builders Supply Corp. v. Colgangreen2 sentences2009See Massey Builders Supply Corp. v. Colgan, 36 Va. App. 496, 503-06 , 553 S.E.2d 146, 150-51 (2001) (noting the principle that a claim for benefits need not be filed on any particular form or even in a single document if the documents, construed together, contain sufficient information to constitute a claim). 2009See Massey Builders Supply Corp. v. Colgan, 36 Va. App. 496, 503-06 , 553 S.E.2d 146, 150-51 (2001) (noting the principle that a claim for benefits need not be filed on any particular form or even in a single document if the documents, construed together, contain sufficient information to constitute a claim). | 1 | 1 |
Masche v. Nicholsgreen1 sentence2000Acknowledging this principle and the exception to it, the Supreme Court, in 1984 found that even if a seller makes material misrepresentations to a buyer, if these misrepresentations do not “divert” the buyer from making further inquiry or inspection, the exception to the doctrine does not apply and the buyer will not “be heard to say that he relied upon ¡ the previous misrepresentations of fact.” Watson, 226 Va. at 619 (quoting Masche v. Nichols, 188 Va. 857, 868 (1949)). | 1 | 1 |
Cassady v. Martingreen2 sentences1998See Cassady v. Martin, 220 Va. 1093, 1098 , 266 S.E.2d 104, 106 (1980) (citing Scott and stating that “in our view, ... it was for the jury to say whether the presumption of legitimacy had been overcome”). 21 We conclude from the co-existence of “Thayer theory” presumptions and “Morgan theory” presumptions in Virginia law that, in practice, the Supreme Court follows the approach advocated by commentators on the common law rules of evidence: there is no single rule governing the effect of all presumptions; instead, the effect of a particular presumption on the burdens of production and persuasi 1998See Cassady v. Martin, 220 Va. 1093, 1098 , 266 S.E.2d 104, 106 (1980) (citing Scott and stating that “in our view, ... it was for the jury to say whether the presumption of legitimacy had been overcome”). 21 We conclude from the co-existence of “Thayer theory” presumptions and “Morgan theory” presumptions in Virginia law that, in practice, the Supreme Court follows the approach advocated by commentators on the common law rules of evidence: there is no single rule governing the effect of all presumptions; instead, the effect of a particular presumption on the burdens of production and persuasi | 1 | 1 |
Wright v. Castlesgreen2 sentences1998See Wright v. Curtis, 232 Va. 218 , 349 S.E.2d 125 (1986); see also, Seniors Coalition v. Seniors Foundation, Inc., 39 Va. Cir. 344 (Fairfax 1996). 1998See Wright v. Curtis, 232 Va. 218 , 349 S.E.2d 125 (1986); see also, Seniors Coalition v. Seniors Foundation, Inc., 39 Va. Cir. 344 (Fairfax 1996). | 1 | 1 |
Seniors Coalition, Inc. v. Seniors Foundation, Inc.green1 sentence1998See Wright v. Curtis, 232 Va. 218 , 349 S.E.2d 125 (1986); see also, Seniors Coalition v. Seniors Foundation, Inc., 39 Va. Cir. 344 (Fairfax 1996). | 1 | 1 |
American Filtrona Co. v. Hanfordgreen2 sentences1998“The simplest applica *670 tion of this principle is the rule that all the medical consequences and sequelae that flow from the primary injury are compensable.” American Filtrona Co. v. Hanford, 16 Va.App. 159, 163 , 428 S.E.2d 511, 513 (1993) (citation omitted) (emphasis added). 1998“The simplest applica *670 tion of this principle is the rule that all the medical consequences and sequelae that flow from the primary injury are compensable.” American Filtrona Co. v. Hanford, 16 Va.App. 159, 163 , 428 S.E.2d 511, 513 (1993) (citation omitted) (emphasis added). | 1 | 1 |
Petcosky v. Bowmangreen2 sentences1966Petcosky v. Bowman, 197 Va. 240, 248 , 89 S. E. 2d 4, 10, 11 , 60 A. L. 1966Petcosky v. Bowman, 197 Va. 240, 248 , 89 S. E. 2d 4, 10, 11 , 60 A. L. | 1 | 1 |
| Chesapeake & Ohio Railway Co. v. Stockgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Enders v. Brune
neutral
2 sentences1880Upon this principle the case of Enders, &c., v. Brune, 4 Rand. 438 , was decided. 'And in applying the principle the rule is broad enough, it is said, to include every instance where one pays a *debt for which another is primarily answerable, and that should in equity and good conscience have been discharged by him. 1 Lead. 1880Upon this principle the case of Enders, &c., v. Brune, 4 Rand. 438 , was decided. 'And in applying the principle the rule is broad enough, it is said, to include every instance where one pays a *debt for which another is primarily answerable, and that should in equity and good conscience have been discharged by him. 1 Lead. | 3 | 1880–1880 |
George v. Parker
neutral
2 sentences1840George v. Parker, 4 Rand. 659 . 1840George v. Parker, 4 Rand. 659 . | 3 | 1840–1840 |
Memorial Hospital, Inc. v. Oakes
green
2 sentences2004We resist that trend now, just as we did in 1959, in [Memorial Hospital v. Oakes, Adm’x, 200 Va. 878 , 108 S.E.2d 388 (1959)]. 1994We resist that trend now, just as we did in 1959, in [Memorial Hospital v. Oakes, Adm’x, 200 Va. 878 , 108 S.E.2d 388 (1959)]. | 2 | 1994–2004 |
Memorial Hospital v. Oakes, Adm'x
green
2 sentences2004We resist that trend now, just as we did in 1959, in [Memorial Hospital v. Oakes, Adm’x, 200 Va. 878 , 108 S.E.2d 388 (1959)]. 1994We resist that trend now, just as we did in 1959, in [Memorial Hospital v. Oakes, Adm’x, 200 Va. 878 , 108 S.E.2d 388 (1959)]. | 2 | 1994–2004 |
Ballard v. Zachry
green
1 sentence2014See Smith v. Smith, 173 S.W.2d 813 (Ky. 1943); Beall v. Hilliary, 1 Md. 186 (1851); Ballard v. Zachry, 187 S.E. 139 (Ga. Ct. App. 1936); 31 Am. | 1 | 2014–2014 |
Spalding's Lessee v. Reeder
neutral
1 sentence2014See Smith v. Smith, 173 S.W.2d 813 (Ky. 1943); Beall v. Hilliary, 1 Md. 186 (1851); Ballard v. Zachry, 187 S.E. 139 (Ga. Ct. App. 1936); 31 Am. | 1 | 2014–2014 |
Clinchfield Coal Co. v. Reed
green
2 sentences2011It Berglund is in fact controlling, under the interpanel accord doctrine, the “decision of one panel ‘becomes a predicate for application of the doctrine of stare decisis’ and cannot be overruled except by the Court of Appeals sitting en banc or by the Virginia Supreme Court.” Clinchfield Coal Co., 40 Va.App. at 73 , 577 S.E.2d at 540 (quoting Johnson v. Commonwealth, 252 Va. 425, 430 , 478 S.E.2d 539, 541 (1996)). 3 *320 The phrase ratio decidendi, Latin for “the reason for the decision,” means “the principle or rule of law on which a court’s decision is founded.” Black’s Law Dictionary 1290 2011It Berglund is in fact controlling, under the interpanel accord doctrine, the “decision of one panel ‘becomes a predicate for application of the doctrine of stare decisis’ and cannot be overruled except by the Court of Appeals sitting en banc or by the Virginia Supreme Court.” Clinchfield Coal Co., 40 Va.App. at 73 , 577 S.E.2d at 540 (quoting Johnson v. Commonwealth, 252 Va. 425, 430 , 478 S.E.2d 539, 541 (1996)). 3 *320 The phrase ratio decidendi, Latin for “the reason for the decision,” means “the principle or rule of law on which a court’s decision is founded.” Black’s Law Dictionary 1290 | 1 | 2011–2011 |
Saunders v. Baldwin
green
2 sentences2006Id. at 437-38 , 71 S.E. at 622 . 2006Id. at 437-38 , 71 S.E. at 622 . | 1 | 2006–2006 |
Watson v. Avon Street Business Center, Inc.
green
2 sentences2000Acknowledging this principle and the exception to it, the Supreme Court, in 1984 found that even if a seller makes material misrepresentations to a buyer, if these misrepresentations do not “divert” the buyer from making further inquiry or inspection, the exception to the doctrine does not apply and the buyer will not “be heard to say that he relied upon ¡ the previous misrepresentations of fact.” Watson, 226 Va. at 619 (quoting Masche v. Nichols, 188 Va. 857, 868 (1949)). 2000Specifically, the Court stated “if a buyer, having received a positive representation of material fact, is directed to the sources of information and undertakes an examination of the facts for himself, he is charged with all the knowledge which he might have obtained had he pursued the inquiry diligently to the end.” Watson, 226 Va. at 619 . | 1 | 2000–2000 |
Thalhimer Bros. v. Shaw
green
2 sentences2000Montgomery Ward, 165 Va. at 380-81 , 182 S.E. at 271 ; Thalhimer, 156 Va. at 870-71 , 159 S.E. at 90 . 2000Montgomery Ward, 165 Va. at 380-81 , 182 S.E. at 271 ; Thalhimer, 156 Va. at 870-71 , 159 S.E. at 90 . | 1 | 2000–2000 |
Montgomery Ward & Co. v. Nance
green
2 sentences2000Montgomery Ward, 165 Va. at 380-81 , 182 S.E. at 271 ; Thalhimer, 156 Va. at 870-71 , 159 S.E. at 90 . 2000Montgomery Ward, 165 Va. at 380-81 , 182 S.E. at 271 ; Thalhimer, 156 Va. at 870-71 , 159 S.E. at 90 . | 1 | 2000–2000 |
Amoco Foam Products Company v. Essie L. Johnson
green
1 sentence1998Id. at 273-74 , 494 S.E.2d at 172-73 . | 1 | 1998–1998 |
Worthington v. Scribner
green
1 sentence1994In Vogel v. Gruaz, the United States Supreme Court cited the holding in Worthington v. Scribner, 109 Mass. 487 (1872), for the principle of the privilege. | 1 | 1994–1994 |
Hickman v. Taylor
green
1 sentence1989In addition, the defendant OCF claimed that certain documents were entitled to the work product privilege delineated in Hickman v. Taylor [ 329 U.S. 495 (1947)]. | 1 | 1989–1989 |
Weston's Administratrix v. Hospital of St. Vincent
green
2 sentences1963That they [charities] should be exempt from liability to those who accept their benefits appears to be the opinion of nearly all of the courts of this country to which the question has been propounded, though they differ as to the reasoning by which the conclusion has been reached. 131 Va., at p. 601 ...... . . [W] e believe that the correct basis of the exemption is public policy....” 131 Va., atp. 609 . 1963That they [charities] should be exempt from liability to those who accept their benefits appears to be the opinion of nearly all of the courts of this country to which the question has been propounded, though they differ as to the reasoning by which the conclusion has been reached. 131 Va., at p. 601 ...... . . [W] e believe that the correct basis of the exemption is public policy....” 131 Va., atp. 609 . | 1 | 1963–1963 |
Hickerson v. Burner
green
2 sentences1952In applying the principle that it is error for a juror to inform his fellow-jurors of material facts, based on his personal knowledge, it was said: ‘ ‘ Such is the respect which this court pays to the verdict of a jury that the trial courts should always be alert to see that the jurors are not subject to any unfair or improper influences, and that all of the testimony which tends to affect their conclusion shall be produced in open court.” We held in Hickerson v. Burner, 186 Va. 66 , 41 S. E. (2d) 451 , that whether a new trial should be granted, on the ground that one of the jurors had made a 1952In applying the principle that it is error for a juror to inform his fellow-jurors of material facts, based on his personal knowledge, it was said: "Such is the respect which this court pays to the verdict of a jury that the trial courts should always be alert to see that the jurors are not subject to any unfair or improper influences, and that all of the testimony which tends to affect their conclusion shall be produced in open court." We held in Hickerson Burner, 186 Va. 66 , 41 S.E.(2d) 451, that whether a new trial should be granted, on the ground that one of the jurors had made an unautho | 1 | 1952–1952 |
| Couch v. Southern Methodist University green | 1 | 1939–1939 |
Virginian Railway Co. v. Avis
green
2 sentences1939App. 1926), 290 S. W. 256, 259 , we find the rule relative to restrictions embraced in a deed of dedication to be as follows: “It may be stated generally, that when a common grantor opens up a tract of land to be sold in lots and blocks, and before any lots are sold, inaugurates a general scheme of improvement for such entire tract intended to enhance the value of each lot, and each lot, subsequently sold by such grantor is made subject to such scheme of improvement, there is created and annexed to the entire tract what is termed a negative equitable easement, in which the several purchasers o 1939App. 1926), 290 S. W. 256, 259 , we find the rule relative to restrictions embraced in a deed of dedication to be as follows: “It may be stated generally, that when a common grantor opens up a tract of land to be sold in lots and blocks, and before any lots are sold, inaugurates a general scheme of improvement for such entire tract intended to enhance the value of each lot, and each lot, subsequently sold by such grantor is made subject to such scheme of improvement, there is created and annexed to the entire tract what is termed a negative equitable easement, in which the several purchasers o | 1 | 1939–1939 |
| Myers v. Commonwealth green | 1 | 1932–1932 |
| James River Lumber Co. v. Smith Bros. green | 1 | 1932–1932 |
| Jolly v. Commonwealth green | 1 | 1932–1932 |
| Scott v. Commonwealth green | 1 | 1931–1931 |
| Touchstone v. State green | 1 | 1927–1927 |
| Southern Railway Co. v. Grubbs green | 1 | 1927–1927 |
| Virginia Railway & Power Co. v. McDemmick neutral | 1 | 1927–1927 |
| United States v. New River Collieries Co. green | 1 | 1924–1924 |
| Tennant v. Dunlop green | 1 | 1916–1916 |
| Jones v. Morris neutral | 1 | 1911–1911 |
| Vanlew v. Bohannan neutral | 1 | 1851–1851 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.