10 Virginia opinions name it 3 courts 1896–2008 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 |
|---|---|---|
Amato v. Commonwealthgreen2 sentences1988We observed in Amato v. Commonwealth, that “ ‘the acts and declarations of any of the conspirators, in furtherance of the object of the conspiracy, are admissible against each and all of them, though such acts and declarations were not done and said in the presence of all.’ ” 3 Va. App. 544, 552 , 352 S.E.2d 4, 8-9 (1987) (quoting Sands v. Com *300 monwealth, 62 Va. (21 Gratt) 871, 897 (1872)). 1988We observed in Amato v. Commonwealth, that “ ‘the acts and declarations of any of the conspirators, in furtherance of the object of the conspiracy, are admissible against each and all of them, though such acts and declarations were not done and said in the presence of all.’ ” 3 Va. App. 544, 552 , 352 S.E.2d 4, 8-9 (1987) (quoting Sands v. Com *300 monwealth, 62 Va. (21 Gratt) 871, 897 (1872)). | 1 | 1 |
Hook v. Turnbullgreen2 sentences1986Judge Tucker wrote as follows: “[I]t is a known rule of law, that, in an action sounding merely in damages, a plaintiff cannot recover more damages than he demands, although he may less. . . .” Id. at 86 (citations omitted). 1986Judge Fleming used similar language; he wrote as follows: “The plaintiff cannot recover more damages than he lays in his declaration. . . .” Id. at 89 . | 1 | 1 |
Beal v. Blairgreen1 sentence1896See Beal v. Blair, 33 Iowa, 318, 321 ; Clark v. Wilson, 53 Miss. 119, 128-9 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
1924 Leonard Road, L.L.C. v. Van Roekel
green
2 sentences2008Laches involves the failure of a party to assert a known claim or right for an unexplained period of time resulting in prejudice to the adverse party. 1924 Leonard Road, L.L.C. v. Van Roekel, 272 Va. 543, 559 , 636 S.E.2d 378 (2006). 2008Laches involves the failure of a party to assert a known claim or right for an unexplained period of time resulting in prejudice to the adverse party. 1924 Leonard Road, L.L.C. v. Van Roekel, 272 Va. 543, 559 , 636 S.E.2d 378 (2006). | 1 | 2008–2008 |
Dunlop v. Dunlop's Executors
green
2 sentences1957In Dunlop v. Dunlop’s Executors, 144 Va. 297, 308 , 132 S. E. 351 , the court said: “ ‘It is unnecessary to go into at length the well known doctrine that neither a testator in a will nor a grantor in a deed can give a fee simple estate in either real or personal property and endeavor to impose upon the donee any condition incompatible with the usual and necessary incidents accompanying a fee simple estate. 1957In Dunlop v. Dunlop’s Executors, 144 Va. 297, 308 , 132 S. E. 351 , the court said: “ ‘It is unnecessary to go into at length the well known doctrine that neither a testator in a will nor a grantor in a deed can give a fee simple estate in either real or personal property and endeavor to impose upon the donee any condition incompatible with the usual and necessary incidents accompanying a fee simple estate. | 1 | 1957–1957 |
Morris v. City of New Haven
neutral
1 sentence1948Bryan’s Appeal, 77 Conn. 240 , 58 A. 748 , 107 Am. | 1 | 1948–1948 |
Brayn's Appeal From Probate
neutral
1 sentence1948Bryan’s Appeal, 77 Conn. 240 , 58 A. 748 , 107 Am. | 1 | 1948–1948 |
Manss-Owens Co. v. H. S. Owens & Son
green
2 sentences1935S. Owens & Son, 129 Va. 183 , 105 S. E. 543 . 1935S. Owens & Son, 129 Va. 183 , 105 S. E. 543 . | 1 | 1935–1935 |
Citizens Bank of Norfolk v. Taylor & Co.
green
2 sentences1933Bridgewater, etc., Corp. v. Fredericksburg Power Co., supra; Citizens’ Bank v. Taylor, 104 Va. 164 , 51 S. E. 159 ; Holland v. Vaughan, 120 Va. 324 , 91 S. E. 122 ; Chick v. MacBain, 157 Va. 60 , 160 S. E. 214 ; Janesville Cotton Mills v. Ford, supra; Jackson Milling Co. v. Chandos, supra. Applying the rule of practical construction which involved the construction of water grants in the Janesville Case, the court said: “It is well settled that the practical construction placed by the parties in interest upon doubtful or ambiguous terms in a contract will exercise great and sometimes controllin 1933Bridgewater, etc., Corp. v. Fredericksburg Power Co., supra; Citizens’ Bank v. Taylor, 104 Va. 164 , 51 S. E. 159 ; Holland v. Vaughan, 120 Va. 324 , 91 S. E. 122 ; Chick v. MacBain, 157 Va. 60 , 160 S. E. 214 ; Janesville Cotton Mills v. Ford, supra; Jackson Milling Co. v. Chandos, supra. Applying the rule of practical construction which involved the construction of water grants in the Janesville Case, the court said: “It is well settled that the practical construction placed by the parties in interest upon doubtful or ambiguous terms in a contract will exercise great and sometimes controllin | 1 | 1933–1933 |
McGuire v. Brown
green
2 sentences1933In McGuire v. Brown, 114 Va. 235 , 76 S. E. 295, 297 , the court said: “Regard should be had to the intention of the parties and such intention should be given effect. 1933In McGuire v. Brown, 114 Va. 235 , 76 S. E. 295, 297 , the court said: “Regard should be had to the intention of the parties and such intention should be given effect. | 1 | 1933–1933 |
Holland v. Vaughan
green
2 sentences1933Bridgewater, etc., Corp. v. Fredericksburg Power Co., supra; Citizens’ Bank v. Taylor, 104 Va. 164 , 51 S. E. 159 ; Holland v. Vaughan, 120 Va. 324 , 91 S. E. 122 ; Chick v. MacBain, 157 Va. 60 , 160 S. E. 214 ; Janesville Cotton Mills v. Ford, supra; Jackson Milling Co. v. Chandos, supra. Applying the rule of practical construction which involved the construction of water grants in the Janesville Case, the court said: “It is well settled that the practical construction placed by the parties in interest upon doubtful or ambiguous terms in a contract will exercise great and sometimes controllin 1933Bridgewater, etc., Corp. v. Fredericksburg Power Co., supra; Citizens’ Bank v. Taylor, 104 Va. 164 , 51 S. E. 159 ; Holland v. Vaughan, 120 Va. 324 , 91 S. E. 122 ; Chick v. MacBain, 157 Va. 60 , 160 S. E. 214 ; Janesville Cotton Mills v. Ford, supra; Jackson Milling Co. v. Chandos, supra. Applying the rule of practical construction which involved the construction of water grants in the Janesville Case, the court said: “It is well settled that the practical construction placed by the parties in interest upon doubtful or ambiguous terms in a contract will exercise great and sometimes controllin | 1 | 1933–1933 |
Chick v. MacBain
green
2 sentences1933Bridgewater, etc., Corp. v. Fredericksburg Power Co., supra; Citizens’ Bank v. Taylor, 104 Va. 164 , 51 S. E. 159 ; Holland v. Vaughan, 120 Va. 324 , 91 S. E. 122 ; Chick v. MacBain, 157 Va. 60 , 160 S. E. 214 ; Janesville Cotton Mills v. Ford, supra; Jackson Milling Co. v. Chandos, supra. Applying the rule of practical construction which involved the construction of water grants in the Janesville Case, the court said: “It is well settled that the practical construction placed by the parties in interest upon doubtful or ambiguous terms in a contract will exercise great and sometimes controllin 1933Bridgewater, etc., Corp. v. Fredericksburg Power Co., supra; Citizens’ Bank v. Taylor, 104 Va. 164 , 51 S. E. 159 ; Holland v. Vaughan, 120 Va. 324 , 91 S. E. 122 ; Chick v. MacBain, 157 Va. 60 , 160 S. E. 214 ; Janesville Cotton Mills v. Ford, supra; Jackson Milling Co. v. Chandos, supra. Applying the rule of practical construction which involved the construction of water grants in the Janesville Case, the court said: “It is well settled that the practical construction placed by the parties in interest upon doubtful or ambiguous terms in a contract will exercise great and sometimes controllin | 1 | 1933–1933 |
Slaughter v. Smither
green
1 sentence1925These authorities include the well known case of Slaughter v. Smither, 97 Va. 206 , 33 S. E. 544 , and other cases up to the most recent ease on the subject, Continental Trust Company v. Witt, 139 Va. 458 , 124 S. E. 265 . | 1 | 1925–1925 |
Continental Trust Co. v. Witt
green
2 sentences1925These authorities include the well known case of Slaughter v. Smither, 97 Va. 206 , 33 S. E. 544 , and other cases up to the most recent ease on the subject, Continental Trust Company v. Witt, 139 Va. 458 , 124 S. E. 265 . 1925These authorities include the well known case of Slaughter v. Smither, 97 Va. 206 , 33 S. E. 544 , and other cases up to the most recent ease on the subject, Continental Trust Company v. Witt, 139 Va. 458 , 124 S. E. 265 . | 1 | 1925–1925 |
Francis v. Kansas City, St. Joseph & Council Bluffs Railroad
neutral
2 sentences1910Co. v. Francis, 110 Mo. 387 , 19 S. W. 935 , the court says: “It would be most unreasonable and unjust after imposing upon the master the duty of promulgating a rule for securing the safety of his servant, to permit the servant to recover from the master damages for injuries which the observance of the rule would have prevented. 1910Co. v. Francis, 110 Mo. 387 , 19 S. W. 935 , the court says: “It would be most unreasonable and unjust after imposing upon the master the duty of promulgating a rule for securing the safety of his servant, to permit the servant to recover from the master damages for injuries which the observance of the rule would have prevented. | 1 | 1910–1910 |
Clark v. Wilson
green
1 sentence1896See Beal v. Blair, 33 Iowa, 318, 321 ; Clark v. Wilson, 53 Miss. 119, 128-9 . | 1 | 1896–1896 |
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.