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13 Virginia opinions name it 3 courts 1886–2008 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 |
|---|---|---|
Brooks v. City of Newport Newsgreen2 sentences1996See Code § 18.2-268.11; cf. Brooks, 224 Va. at 315 , 295 S.E.2d at 803 (holding that the qualification of the test operator is a substantive matter). 1996See Code § 18.2-268.11; cf. Brooks, 224 Va. at 315 , 295 S.E.2d at 803 (holding that the qualification of the test operator is a substantive matter). | 1 | 1 |
Southern Railway Co. v. Baileygreen2 sentences1917“There was nothing in the circumstances attending the situation to bring to the knowledge of those in charge of the train any notice that the deceased was paying no heed to his danger and would take no step to secure his own safety.” We shall, in the next place, briefly notice some of the cases which fall within the influence of the qualification of the principle which we have been considering, laid down by Keith, P., in Southern Railway Co. v. Bailey, supra, 110 Va. at page 846 , 67 S. E. at page 370 (27 L. 1917“There was nothing in the circumstances attending the situation to bring to the knowledge of those in charge of the train any notice that the deceased was paying no heed to his danger and would take no step to secure his own safety.” We shall, in the next place, briefly notice some of the cases which fall within the influence of the qualification of the principle which we have been considering, laid down by Keith, P., in Southern Railway Co. v. Bailey, supra, 110 Va. at page 846 , 67 S. E. at page 370 (27 L. | 1 | 1 |
William & Mary College v. Powellgreen1 sentence1888See also William and Mary College v. Powell, 12 Gratt. 372 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Menna v. New York
green
1 sentence2008We simply hold that a plea of guilty to a charge does not waive a claim that – judged on its face – the charge is one which the State may not constitutionally prosecute.” Id. at 63 n.2 (emphasis added). | 1 | 2008–2008 |
Virginia Fire & Marine Insurance v. Richmond Mica Co.
green
1 sentence2004Id. at 438 . | 1 | 2004–2004 |
United States Fidelity & Guaranty Co. v. Blum
neutral
2 sentences1976And this we hold was a material error." 258 F. at 901 . 1976And this we hold was a material error.” 258 F. at 901 . | 1 | 1976–1976 |
Raleigh Court Corp. v. Faucett
green
2 sentences1941It must be a reasonable use of the land for its improvement or better enjoyment and the right must be exercised in good faith, and with no purpose to abridge or interfere with the rights of others, and with snch care with respect to the property that may be affected by the use or improvement as not to inflict any injury beyond what is necessary. ’ ’ See also, Raleigh Court Corp. v. Faucett, 140 Va. 126 , 124 S. E. 433 . 1941It must be a reasonable use of the land for its improvement or better enjoyment and the right must be exercised in good faith, and with no purpose to abridge or interfere with the rights of others, and with snch care with respect to the property that may be affected by the use or improvement as not to inflict any injury beyond what is necessary. ’ ’ See also, Raleigh Court Corp. v. Faucett, 140 Va. 126 , 124 S. E. 433 . | 1 | 1941–1941 |
Knobley Mountain Orchard Co. v. Peoples Bank of Keyser
green
1 sentence1931A recently and carefully considered case is Knobley Mountain Orchard Co. v. Peoples Bank of Keyser, 99 W. | 1 | 1931–1931 |
Pennington v. Third National Bank
green
2 sentences1931This court recognized the qualification of the exception to the general rule in Pennington v. Third National Bank, 114 Va. 674 , 77 S. E. 455, 457 , 45 L. 1931This court recognized the qualification of the exception to the general rule in Pennington v. Third National Bank, 114 Va. 674 , 77 S. E. 455, 457 , 45 L. | 1 | 1931–1931 |
Beckwith v. Talbot
green
2 sentences1930In Beckwith v. Talbot, 95 U. S. 289 , 24 L. 1930In Beckwith v. Talbot, 95 U. S. 289 , 24 L. | 1 | 1930–1930 |
Johnson v. Moorman
green
1 sentence1927This qualification of the rule, if it is conceded to apply in Virginia, in view of the decision in Johnston v. Moorman, supra, is well stated in Shaw v. Moon, supra, as follows: “Nevertheless it must be conceded that it is also plain that in many cases a transgression of the boundaries of his jurisdiction by a judge will impose upon him a liability to an action in favor of the person who has been injured by such excess. | 1 | 1927–1927 |
Waddill v. Sebree
green
2 sentences1924In the case of Waddill v. Sebree, 88 Va. 1012 , 14 S. E. 849 , 29 Am. 1924In the case of Waddill v. Sebree, 88 Va. 1012 , 14 S. E. 849 , 29 Am. | 1 | 1924–1924 |
Big Vein Pocahontas Co. v. Browning
green
2 sentences1924J., at paragraph 524, it is further stated: “According to some authorities, a qualification of this rule exists where the seal affixed to the contract by the agent was not necessary to the validity of the instrument at common law, it being held in such cases that the seal may be disregarded as surplusage, and the principal be held liable as upon a simple contract.” In Big Vein Pocahontas Co. v. Browning, 137 Va. 34 , 120 S. E. 247 , where the assignée of a lease assumed in the deed of assignment the obligations imposed on the original lessee by the terms of the lease, one of which was to refer 1924J., at paragraph 524, it is further stated: “According to some authorities, a qualification of this rule exists where the seal affixed to the contract by the agent was not necessary to the validity of the instrument at common law, it being held in such cases that the seal may be disregarded as surplusage, and the principal be held liable as upon a simple contract.” In Big Vein Pocahontas Co. v. Browning, 137 Va. 34 , 120 S. E. 247 , where the assignée of a lease assumed in the deed of assignment the obligations imposed on the original lessee by the terms of the lease, one of which was to refer | 1 | 1924–1924 |
Virginia Portland Cement Co. v. Luck's Administrator
neutral
2 sentences1912Yet Judge Buchanan, at page 740, mentions an important qualification of the rule as follows: “In Va. Portland Cement Co. v. Luck, supra, in passing upon the demurrer to the declaration, while not expressly stated, it is clearly implied that where the breach of duty relied on for a recovery is the failure to keep the premises in reasonably safe repair, the declaration must aver, either that the defendant had notice of the unsafe condition of the premises, or set out facts from which it was necessarily to be inferred that the company was aware of the unsafe condition of its premises.” Va. Portla 1912Yet Judge Buchanan, at page 740, mentions an important qualification of the rule as follows: “In Va. Portland Cement Co. v. Luck, supra, in passing upon the demurrer to the declaration, while not expressly stated, it is clearly implied that where the breach of duty relied on for a recovery is the failure to keep the premises in reasonably safe repair, the declaration must aver, either that the defendant had notice of the unsafe condition of the premises, or set out facts from which it was necessarily to be inferred that the company was aware of the unsafe condition of its premises.” Va. Portla | 1 | 1912–1912 |
Carrington v. Goddin
neutral
1 sentence1886Rohr v. Davis, 9 Leigh, 30 ; Pasley v. English, 5 Gratt., 141 ; Carringto n v. Goddin, 13 Gratt., 587 ; Gimmi v. Cullen, 20 Gratt., 439 ; Read’s Case, 22 Gratt., 924 ; Danville Bank v. Waddill, 31 Gratt., 469 ; Dean’s Case, 32 Gratt., 916 ; Creekmur v. Creekmur, 75 Va. 432 ; Taylor’s Case, 77 Va., 692. | 1 | 1886–1886 |
Read v. Commonwealth
green
1 sentence1886Rohr v. Davis, 9 Leigh, 30 ; Pasley v. English, 5 Gratt., 141 ; Carringto n v. Goddin, 13 Gratt., 587 ; Gimmi v. Cullen, 20 Gratt., 439 ; Read’s Case, 22 Gratt., 924 ; Danville Bank v. Waddill, 31 Gratt., 469 ; Dean’s Case, 32 Gratt., 916 ; Creekmur v. Creekmur, 75 Va. 432 ; Taylor’s Case, 77 Va., 692. | 1 | 1886–1886 |
Pasley v. English
green
1 sentence1886Rohr v. Davis, 9 Leigh, 30 ; Pasley v. English, 5 Gratt., 141 ; Carringto n v. Goddin, 13 Gratt., 587 ; Gimmi v. Cullen, 20 Gratt., 439 ; Read’s Case, 22 Gratt., 924 ; Danville Bank v. Waddill, 31 Gratt., 469 ; Dean’s Case, 32 Gratt., 916 ; Creekmur v. Creekmur, 75 Va. 432 ; Taylor’s Case, 77 Va., 692. | 1 | 1886–1886 |
Taylor v. Commonwealth
neutral
1 sentence1886Rohr v. Davis, 9 Leigh, 30 ; Pasley v. English, 5 Gratt., 141 ; Carringto n v. Goddin, 13 Gratt., 587 ; Gimmi v. Cullen, 20 Gratt., 439 ; Read’s Case, 22 Gratt., 924 ; Danville Bank v. Waddill, 31 Gratt., 469 ; Dean’s Case, 32 Gratt., 916 ; Creekmur v. Creekmur, 75 Va. 432 ; Taylor’s Case, 77 Va., 692. | 1 | 1886–1886 |
Carrington v. Bennett
green
1 sentence1886For, by a line of decisions beginning with Carrington v. Bennett, 1 Leigh, 340 , decided as early as 1829, it was quickly established, as a qualification of the rule, that if the bill of exceptions contains a certificate of the oral testimony given on the trial, the appellate court would review and reverse the judgment, if, after rejecting all the oral testimony of the excepting party, and giving full force and credit to the evidence of the adverse party, the judgment still appears to be wrong. | 1 | 1886–1886 |
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.