party making challenge (Virginia) · Go Syfert
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party making challenge in Virginia

14 Virginia opinions name it 4 courts 1910–2018 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.

Followed or applied (8)

CaseFollowedCited
Harrison v. Daygreen
va · 1959 · cited in 9 Virginia opinions naming this issue, 1998–2017
2 sentences

2001We restated this fundamental principle in Harrison v. Day, 200 Va. 764, 770 , 107 S.E.2d 594, 598 (1959): “When the constitutionality of an act is challenged, a heavy burden of proof is thrust upon the party making the challenge.

2001We restated this fundamental principle in Harrison v. Day, 200 Va. 764, 770 , 107 S.E.2d 594, 598 (1959): “When the constitutionality of an act is challenged, a heavy burden of proof is thrust upon the party making the challenge.

99
Moses v. Commonwealthgreen
vactapp · 1998 · cited in 4 Virginia opinions naming this issue, 1999–2013
2 sentences

1999In assessing the constitutionality of a statute, “the burden is on the challenger to prove the alleged constitutional defect.” Woolfolk v. Commonwealth, 18 Va.App. 840, 848 , 447 S.E.2d 530, 534 (1994). “ ‘Every act of the legislature is presumed to be constitutional, and the Constitution is to be given a liberal construction so as to sustain the enactment in question, if practicable.’” Moses v. Commonwealth, 27 Va.App. 293, 298-99 , 498 S.E.2d 451, 454 (1998) (quoting Bosang v. Iron Belt Bldg. & Loan Ass’n, 96 Va. 119, 123 , 30 S.E. 440, 441 (1898)). “ “When the constitutionality of an act is

1999In assessing the constitutionality of a statute, “the burden is on the challenger to prove the alleged constitutional defect.” Woolfolk v. Commonwealth, 18 Va.App. 840, 848 , 447 S.E.2d 530, 534 (1994). “ ‘Every act of the legislature is presumed to be constitutional, and the Constitution is to be given a liberal construction so as to sustain the enactment in question, if practicable.’” Moses v. Commonwealth, 27 Va.App. 293, 298-99 , 498 S.E.2d 451, 454 (1998) (quoting Bosang v. Iron Belt Bldg. & Loan Ass’n, 96 Va. 119, 123 , 30 S.E. 440, 441 (1898)). “ “When the constitutionality of an act is

44
Webb v. Commonwealthgreen
vactapp · 2000 · cited in 1 Virginia opinions naming this issue, 2017–2017
2 sentences

2017All laws are presumed to be constitutional and this presumption is one of the strongest known to the law.” Webb v. Commonwealth, 32 Va. App. 337, 347 , 528 S.E.2d 138, 143 (2000) (quoting Harrison v. Day, 200 Va. 764, 770 , 107 S.E.2d 594, 598 (1959)).

2017All laws are presumed to be constitutional and this presumption is one of the strongest known to the law.” Webb v. Commonwealth, 32 Va. App. 337, 347 , 528 S.E.2d 138, 143 (2000) (quoting Harrison v. Day, 200 Va. 764, 770 , 107 S.E.2d 594, 598 (1959)).

11
McNeil v. Kingreygreen
va · 1989 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011McNeil v. Kingrey, 237 Va. 400, 405 , 377 S.E.2d 430, 433 (1989); Clatterbuck v. Clore, 130 Va. 113, 121 , 107 S.E. 669, 672 (1921).

2011McNeil v. Kingrey, 237 Va. 400, 405 , 377 S.E.2d 430, 433 (1989); Clatterbuck v. Clore, 130 Va. 113, 121 , 107 S.E. 669, 672 (1921).

11
Clatterbuck v. Cloregreen
va · 1921 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011McNeil v. Kingrey, 237 Va. 400, 405 , 377 S.E.2d 430, 433 (1989); Clatterbuck v. Clore, 130 Va. 113, 121 , 107 S.E. 669, 672 (1921).

2011McNeil v. Kingrey, 237 Va. 400, 405 , 377 S.E.2d 430, 433 (1989); Clatterbuck v. Clore, 130 Va. 113, 121 , 107 S.E. 669, 672 (1921).

11
Bosang v. Iron Belt Building & Loan Ass'ngreen
va · 1898 · cited in 1 Virginia opinions naming this issue, 1999–1999
2 sentences

1999In assessing the constitutionality of a statute, “the burden is on the challenger to prove the alleged constitutional defect.” Woolfolk v. Commonwealth, 18 Va.App. 840, 848 , 447 S.E.2d 530, 534 (1994). “ ‘Every act of the legislature is presumed to be constitutional, and the Constitution is to be given a liberal construction so as to sustain the enactment in question, if practicable.’” Moses v. Commonwealth, 27 Va.App. 293, 298-99 , 498 S.E.2d 451, 454 (1998) (quoting Bosang v. Iron Belt Bldg. & Loan Ass’n, 96 Va. 119, 123 , 30 S.E. 440, 441 (1898)). “ “When the constitutionality of an act is

1999In assessing the constitutionality of a statute, “the burden is on the challenger to prove the alleged constitutional defect.” Woolfolk v. Commonwealth, 18 Va.App. 840, 848 , 447 S.E.2d 530, 534 (1994). “ ‘Every act of the legislature is presumed to be constitutional, and the Constitution is to be given a liberal construction so as to sustain the enactment in question, if practicable.’” Moses v. Commonwealth, 27 Va.App. 293, 298-99 , 498 S.E.2d 451, 454 (1998) (quoting Bosang v. Iron Belt Bldg. & Loan Ass’n, 96 Va. 119, 123 , 30 S.E. 440, 441 (1898)). “ “When the constitutionality of an act is

11
Maximus, Inc. v. Lockheed Information Management Systems Co.green
va · 1997 · cited in 1 Virginia opinions naming this issue, 1999–1999
1 sentence

1999See, Maximus, Inc. v. Lockheed Information Management, 254 Va. 408 (1997).

11
Woolfolk v. Commonwealthgreen
vactapp · 1994 · cited in 1 Virginia opinions naming this issue, 1999–1999
2 sentences

1999In assessing the constitutionality of a statute, “the burden is on the challenger to prove the alleged constitutional defect.” Woolfolk v. Commonwealth, 18 Va.App. 840, 848 , 447 S.E.2d 530, 534 (1994). “ ‘Every act of the legislature is presumed to be constitutional, and the Constitution is to be given a liberal construction so as to sustain the enactment in question, if practicable.’” Moses v. Commonwealth, 27 Va.App. 293, 298-99 , 498 S.E.2d 451, 454 (1998) (quoting Bosang v. Iron Belt Bldg. & Loan Ass’n, 96 Va. 119, 123 , 30 S.E. 440, 441 (1898)). “ “When the constitutionality of an act is

1999In assessing the constitutionality of a statute, “the burden is on the challenger to prove the alleged constitutional defect.” Woolfolk v. Commonwealth, 18 Va.App. 840, 848 , 447 S.E.2d 530, 534 (1994). “ ‘Every act of the legislature is presumed to be constitutional, and the Constitution is to be given a liberal construction so as to sustain the enactment in question, if practicable.’” Moses v. Commonwealth, 27 Va.App. 293, 298-99 , 498 S.E.2d 451, 454 (1998) (quoting Bosang v. Iron Belt Bldg. & Loan Ass’n, 96 Va. 119, 123 , 30 S.E. 440, 441 (1898)). “ “When the constitutionality of an act is

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Dietz v. Dietz green
vactapp · 1993
2 sentences

2018Property that is acquired post-separation can “be classified as marital” only if the party making such a claim can “prov[e], without the benefit of a presumption, that it was acquired while some vestige of the marital partnership continued or was acquired with marital assets.” Id. at 211-12 , 436 S.E.2d at 469 .

2018Property that is acquired post-separation can “be classified as marital” only if the party making such a claim can “prov[e], without the benefit of a presumption, that it was acquired while some vestige of the marital partnership continued or was acquired with marital assets.” Id. at 211-12 , 436 S.E.2d at 469 .

12018–2018
Tennant v. Dunlop green
va · 1899
1 sentence

1910In Tennant v. Dunlop. 97 Va. 234 , 23 S. E. 620 , the dealings chai’ged to have been fraudulent, deceitful or misleading on the part of a surviving partner, and hurtful to the legatees of the deaceased partner, and which were set aside as void, so far as the legatees were concerned, were between the surviving partner and the executrix of the deceased partner.

11910–1910

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (4) VA § Va. Code Ann. § 18.2-423 (3)

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.

Where else courts name it

KS 46 (1934–2025) NY 39 (1863–2025) IL 27 (1902–2026) AL 23 (1942–2010) CT 20 (1976–2003) OH 20 (2001–2025) IN 18 (1991–2020) TX 17 (1981–2024) CA 16 (1891–2016) MO 15 (1884–2017) LA 14 (1986–2025) VA 14 (1910–2018) NM 13 (1981–2024) MT 12 (1994–2022) AZ 11 (1981–2024) MA 10 (1914–2009) PA 10 (1911–2014) NC 10 (1928–2017) WA 9 (2000–2015) MI 7 (1912–2025) NJ 7 (1984–2025) FL 6 (1985–2019) AK 6 (1978–2017) NE 6 (1947–2019) WY 5 (1970–2021) IA 5 (1986–2023) OR 5 (1993–2020) WV 4 (1877–2004) RI 4 (1949–2007) WI 4 (1988–2025) GA 3 (1928–1947) TN 3 (1951–2001) MD 3 (1977–2002) KY 3 (1947–2013) ND 3 (1901–2007) VT 3 (1987–2017) ID 3 (1992–2016) NH 3 (1850–2020) UT 3 (1997–2019) AR 2 (1912–1989) MN 2 (2011–2013) MS 2 (2009–2014)

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.

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