like rule in Virginia

1878Hence the rule, as laid down by Chief Justice Marshall, that a repeal by implication ought not to be presumed unless from th.e repugnance of the provisions the inference be necessary and unavoidable, (Harford v. United States, 8 Cranch, 109 ); and the like rule by Judge Story, who, in considering whether a later statute repeals a former one, says that the inquiry is, whether it (the former statute) is repealed by necessary implication.

1878Hence the rule, as laid down by Cliief Justice Marshall, that a repeal by implication ought not to be presumed unless from the repugnance of the provisions the inference be necessary and unavoidable, (Harford v. United States, 8 Cranch, 109 ); and the like rule by Judge Stonj, who, in considering whether a later statute repeals a former one, says that the inquiry is, whether it (the former statute) is repealed by necessary implication. 'We say by necessary implication, for it is not sufficient to establish that subsequent- laws cover some or even all of the cases provided for by it; for they m

1878Bank of Louisville v. Bank of Newark, 14 American Law Reg. N. S. 281, S. C.; 10 Bush, 365 .

1878Bank of Louisville v. Bank of Newark, 14 American Law Reg. N. S. 281, S C.; 10 Bush, 365 .

1855A like rule was observed in the cases of Green v. Ashby, 6 Leigh 135 ; Rohr v. Davis, 9 Leigh 30 ; Pasley v. English, 5 Gratt. 141 .

1855A like rule was observed in the cases of Green v. Ashby, 6 Leigh 135 ; Rohr v. Davis, 9 Leigh 30 ; Pasley v. English, 5 Gratt. 141 .

1876But the present statute, Va. Code 1887, § 2964, declares that “when a person has a claim, legal or equitable, to any specificpersonal property, or a like claim to anj7 debt, whether such debt be payable or not, or to damages for the breach of any contract, express or implied, if such claim exceed $20, exclusive of interest, he may, on a bill in equity filed for the purpose, have an attachment to secure and enforce the claim,” etc. But “this section (2964) shall not be construed as giving to a court of equity jurisdiction to enforce by attachment a claim to a debt not payable, when the only gro

1876But the present statute, Va. Code 1887, § 2964, declares that “when a person has a claim, legal or equitable, to any specificpersonal property, or a like claim to anj7 debt, whether such debt be payable or not, or to damages for the breach of any contract, express or implied, if such claim exceed $20, exclusive of interest, he may, on a bill in equity filed for the purpose, have an attachment to secure and enforce the claim,” etc. But “this section (2964) shall not be construed as giving to a court of equity jurisdiction to enforce by attachment a claim to a debt not payable, when the only gro

2004Therefore, while the common law crime of larceny requires that any taking of property be trespassory at the outset, see Maye v. Commonwealth, 213 Va. 48 , 49, 189 S.E.2d 350 , 351 (1972), the statutory crime of unauthorized use does not impose a like requirement.

2004Therefore, while the common law crime of larceny requires that any taking of property be trespassory at the outset, see Maye v. Commonwealth, 213 Va. 48 , 49, 189 S.E.2d 350 , 351 (1972), the statutory crime of unauthorized use does not impose a like requirement.

2002In Timmons v. Commonwealth, 15 Va.App. 196 , 421 S.E.2d 894 (1992), we applied a like principle to prosecutions under Code § 18.2-308.4.

2002In Timmons v. Commonwealth, 15 Va.App. 196 , 421 S.E.2d 894 (1992), we applied a like principle to prosecutions under Code § 18.2-308.4.

1996It is difficult to see upon what principle the denial of a motion for a new trial, which for centuries has been regarded as so much a matter of discretion that it is not disturbed when its only support may be a bad or inadequate reason, may nevertheless be set aside on appeal when it is supported by a good one: that the defendant has bound himself to pay an increased amount of damages which the court judicially knows is within the limits of a proper verdict. 293 U.S. at 496 .

1946A like instruction was specifically approved in Atkins v. Commonwealth, 132 Va. 500 , 110 S. E. 379 .

1946A like instruction was specifically approved in Atkins v. Commonwealth, 132 Va. 500 , 110 S. E. 379 .

1930No. 3, 159, 4 Mason, 467 , opinion by Story, J; Fearne, Remainders, page 286; Graves, Notes ón Real Prop., section 189-190J A like rule applied in the case of an executory devise, that person being entitled to the estate in possession who could show himself the heir of the original donee, or the last purchaser, at the time the estate devised was ready to come into possession. 2 Tiffany, Real Prop. (1920 eel.), page 1892; Fearne, Remainders, 448-449.

1920A like doctrine is approved in Jones v. Railway Co., 72 Miss. 31 , 16 So. 379 , and in The Oriental v. Barclay, 16 Tex. Civ.

1920App. 193 , 41 S. W. 117 . [4, 5] We approve this doctrine in cases of this character.

1885“It is universally conceded,” says -Judge Cooley, “thatwhen inferior courts or judicial officers act without jurisdiction, the law can give them no protection whatever.” And referring to Bradley v. Fisher, supra, he says: “Recently, however, the rule has been held to be otherwise in the case of judges of the superior courts when the error consisted in exceeding their authority.” And the learned author says: “ Had it been a justice of the peace who had committed a like error, an action would have been supported, however honest might have been his motives, and however plain it might have appeare

1832In Rootes v. Holliday, 4 Munf. 323 . the appeal allowed by the chancery court upon an appeal bond executed by a surety only, was dismissed, as improvidently allowed, but without costs.

1832In Skipwith v. Young, 5 Munf. 276 . the like principle was decided, and the appeal dismissed as improvidently allowed, but without costs.