8 Virginia opinions name it 2 courts 1897–2013 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 |
|---|---|---|
AMEC Civil, L.L.C. v. Commonwealthgreen2 sentences2009The administrative claim must “set forth the facts upon which the claim is based, provided that written notice of the contractor’s intention to file such claim shall have been given to the Department at the time of the occurrence or beginning of the work upon which the claim and subsequent action is based.” Code § 33.1-386(A) (emphasis added). -8- In its pretrial ruling, the circuit court held that “AMEC did not provide VDOT with written notice of its claims as required by Va. Code Ann. § 33.1-386 .” AMEC, 74 Va. Cir. at 500 (emphasis added); see also id. at 504 (acknowledging “AMEC did not fu 2009The administrative claim must “set forth the facts upon which the claim is based, provided that written notice of the contractor’s intention to file such claim shall have been given to the Department at the time of the occurrence or beginning of the work upon which the claim and subsequent action is based.” Code § 33.1-386(A) (emphasis added). -8- In its pretrial ruling, the circuit court held that “AMEC did not provide VDOT with written notice of its claims as required by Va. Code Ann. § 33.1-386 .” AMEC, 74 Va. Cir. at 500 (emphasis added); see also id. at 504 (acknowledging “AMEC did not fu | 2 | 2 |
Parker v. Leavitt, Adm'rgreen2 sentences1970There the court, speaking through Mr. Justice Snead, said: “In Parker v. Leavitt, Adm'r, 201 Va. 919, 926, 927 , 114 S. E. 2d 732 we said: “ ‘Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.’ [Cases cited.] “The reason for this principle of law is given in 10 M. 1970There the court, speaking through Mr. Justice Snead, said: “In Parker v. Leavitt, Adm'r, 201 Va. 919, 926, 927 , 114 S. E. 2d 732 we said: “ ‘Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.’ [Cases cited.] “The reason for this principle of law is given in 10 M. | 2 | 2 |
Wagner v. Fierygreen2 sentences2013However, “an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based, for the reason that the tendency of such instruction is to mislead the jury by withdrawing their attention from the legitimate points involved in the issue.” Wagner v. Fiery, 206 Va. 370, 373-74 , 143 S.E.2d 876, 879 (1965). 2013However, “an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based, for the reason that the tendency of such instruction is to mislead the jury by withdrawing their attention from the legitimate points involved in the issue.” Wagner v. Fiery, 206 Va. 370, 373-74 , 143 S.E.2d 876, 879 (1965). | 1 | 1 |
Baker, Adm'r v. Richardsongreen2 sentences1965In Parker v. Leavitt, Adm’r, 201 Va. 919, 926, 927 , 114 S.E. 2d 732 we said: “Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.” See also Baker, Adm’r v. Richardson, 201 Va. 834, 838, 839 , 114 S.E. 2d 599 ; Gabbard v. Knight, 202 Va. 40, 47 , 116 S.E. 2d 73 ; MacDonald v. Firth, 202 Va. 900, 904 , 121 S.E. 2d 369 ; Irvan v. Oil Company, 205 Va. 1, 5 , 135 S.E. 2d 153 . 1965In Parker v. Leavitt, Adm’r, 201 Va. 919, 926, 927 , 114 S.E. 2d 732 we said: “Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.” See also Baker, Adm’r v. Richardson, 201 Va. 834, 838, 839 , 114 S.E. 2d 599 ; Gabbard v. Knight, 202 Va. 40, 47 , 116 S.E. 2d 73 ; MacDonald v. Firth, 202 Va. 900, 904 , 121 S.E. 2d 369 ; Irvan v. Oil Company, 205 Va. 1, 5 , 135 S.E. 2d 153 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth of Virginia, etc. v. AMEC Civil, LLC
green
2 sentences2010AMEC Civil, LLC, 54 Va. App. at 277 , 677 S.E.2d at 652 . [7] Specification § 105.16, "Submission and Disposition of Claims," provides, in pertinent part, that "[a]t the time of occurrence or prior to beginning the work, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. 2010AMEC Civil, LLC, 54 Va. App. at 277 , 677 S.E.2d at 652 . [7] Specification § 105.16, "Submission and Disposition of Claims," provides, in pertinent part, that "[a]t the time of occurrence or prior to beginning the work, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. | 1 | 2010–2010 |
Irvan v. Jamison Oil Company
green
2 sentences1965In Parker v. Leavitt, Adm’r, 201 Va. 919, 926, 927 , 114 S.E. 2d 732 we said: “Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.” See also Baker, Adm’r v. Richardson, 201 Va. 834, 838, 839 , 114 S.E. 2d 599 ; Gabbard v. Knight, 202 Va. 40, 47 , 116 S.E. 2d 73 ; MacDonald v. Firth, 202 Va. 900, 904 , 121 S.E. 2d 369 ; Irvan v. Oil Company, 205 Va. 1, 5 , 135 S.E. 2d 153 . 1965In Parker v. Leavitt, Adm’r, 201 Va. 919, 926, 927 , 114 S.E. 2d 732 we said: “Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.” See also Baker, Adm’r v. Richardson, 201 Va. 834, 838, 839 , 114 S.E. 2d 599 ; Gabbard v. Knight, 202 Va. 40, 47 , 116 S.E. 2d 73 ; MacDonald v. Firth, 202 Va. 900, 904 , 121 S.E. 2d 369 ; Irvan v. Oil Company, 205 Va. 1, 5 , 135 S.E. 2d 153 . | 1 | 1965–1965 |
MacDonald v. Firth
neutral
2 sentences1965In Parker v. Leavitt, Adm’r, 201 Va. 919, 926, 927 , 114 S.E. 2d 732 we said: “Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.” See also Baker, Adm’r v. Richardson, 201 Va. 834, 838, 839 , 114 S.E. 2d 599 ; Gabbard v. Knight, 202 Va. 40, 47 , 116 S.E. 2d 73 ; MacDonald v. Firth, 202 Va. 900, 904 , 121 S.E. 2d 369 ; Irvan v. Oil Company, 205 Va. 1, 5 , 135 S.E. 2d 153 . 1965In Parker v. Leavitt, Adm’r, 201 Va. 919, 926, 927 , 114 S.E. 2d 732 we said: “Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.” See also Baker, Adm’r v. Richardson, 201 Va. 834, 838, 839 , 114 S.E. 2d 599 ; Gabbard v. Knight, 202 Va. 40, 47 , 116 S.E. 2d 73 ; MacDonald v. Firth, 202 Va. 900, 904 , 121 S.E. 2d 369 ; Irvan v. Oil Company, 205 Va. 1, 5 , 135 S.E. 2d 153 . | 1 | 1965–1965 |
Gabbard v. Knight
green
2 sentences1965In Parker v. Leavitt, Adm’r, 201 Va. 919, 926, 927 , 114 S.E. 2d 732 we said: “Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.” See also Baker, Adm’r v. Richardson, 201 Va. 834, 838, 839 , 114 S.E. 2d 599 ; Gabbard v. Knight, 202 Va. 40, 47 , 116 S.E. 2d 73 ; MacDonald v. Firth, 202 Va. 900, 904 , 121 S.E. 2d 369 ; Irvan v. Oil Company, 205 Va. 1, 5 , 135 S.E. 2d 153 . 1965In Parker v. Leavitt, Adm’r, 201 Va. 919, 926, 927 , 114 S.E. 2d 732 we said: “Nothing is better settled in Virginia than that an instruction should not be given when there is no evidence tending to prove the facts upon which the instruction is based. 10 Michie Jur., Instructions, § 20, pages 213 et seq. and a multitude of cases cited.” See also Baker, Adm’r v. Richardson, 201 Va. 834, 838, 839 , 114 S.E. 2d 599 ; Gabbard v. Knight, 202 Va. 40, 47 , 116 S.E. 2d 73 ; MacDonald v. Firth, 202 Va. 900, 904 , 121 S.E. 2d 369 ; Irvan v. Oil Company, 205 Va. 1, 5 , 135 S.E. 2d 153 . | 1 | 1965–1965 |
Kimball & Fink v. Borden
green
2 sentences1906Kimball & Fink v. Borden, 95 Va. 203, 207 , 28 S. E. 207 , and cases cited; Richmond Pass. & P. Co. v. Allen, 101 Va. 200 , 43 S. E. 356 ; Seaboard, &c., Ry. 1906Kimball & Fink v. Borden, 95 Va. 203, 207 , 28 S. E. 207 , and cases cited; Richmond Pass. & P. Co. v. Allen, 101 Va. 200 , 43 S. E. 356 ; Seaboard, &c., Ry. | 1 | 1906–1906 |
Richmond Passenger & Power Co. v. Allen
neutral
2 sentences1906Kimball & Fink v. Borden, 95 Va. 203, 207 , 28 S. E. 207 , and cases cited; Richmond Pass. & P. Co. v. Allen, 101 Va. 200 , 43 S. E. 356 ; Seaboard, &c., Ry. 1906Kimball & Fink v. Borden, 95 Va. 203, 207 , 28 S. E. 207 , and cases cited; Richmond Pass. & P. Co. v. Allen, 101 Va. 200 , 43 S. E. 356 ; Seaboard, &c., Ry. | 1 | 1906–1906 |
Farish & Co. v. Reigle
green
1 sentence1897Hopkins v. Richardson, 9 Gratt. 485, 496 ; Farrish, &c. v. Riegle, 11 Gratt. 697, 719 ; Early v. Garland, 13 Gratt. 2 , 14: N. Y. | 1 | 1897–1897 |
Hopkins, Brother & Co. v. Richardson
neutral
1 sentence1897Hopkins v. Richardson, 9 Gratt. 485, 496 ; Farrish, &c. v. Riegle, 11 Gratt. 697, 719 ; Early v. Garland, 13 Gratt. 2 , 14: N. Y. | 1 | 1897–1897 |
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.