55 Virginia opinions name it 20 courts 1919–2026 6 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 |
|---|---|---|
Welding, Inc. v. Bland County Service Authoritygreen2 sentences2013Id. (citing Welding, Inc. v. Bland County Service Auth., 261 Va. 218, 226 , 541 S.E.2d 909, 913 (2001)). 2013Id. (citing Welding, Inc. v. Bland County Service Auth., 261 Va. 218, 226 , 541 S.E.2d 909, 913 (2001)). | 6 | 7 |
Thompson Ex Rel. Thompson v. Skate America, Inc.green2 sentences2004Demurrer to the Amended Motion for Judgmentfor Failure to Allege Facts Sufficient to Show that the Ordinance Causes the Petitioners Irreparable Damage Generally, the purpose of a demurrer is only to test the legal sufficiency of the pleadings. 2 Since all material facts pleaded, implied, or which may be inferred are to be taken as true, “the sole question to be decided by the trial court is whether the facts ... are legally sufficient to state a cause of action against the defendant.” Thompson v. Skate Am., Inc., 261 Va. 121, 128 , 540 S.E.2d 123, 126-27 (2001), These facts and inferences are 2004Demurrer to the Amended Motion for Judgmentfor Failure to Allege Facts Sufficient to Show that the Ordinance Causes the Petitioners Irreparable Damage Generally, the purpose of a demurrer is only to test the legal sufficiency of the pleadings. 2 Since all material facts pleaded, implied, or which may be inferred are to be taken as true, “the sole question to be decided by the trial court is whether the facts ... are legally sufficient to state a cause of action against the defendant.” Thompson v. Skate Am., Inc., 261 Va. 121, 128 , 540 S.E.2d 123, 126-27 (2001), These facts and inferences are | 5 | 5 |
Glazebrook v. Board of Supervisorsgreen2 sentences2011Glazebrook v. Board of Supervisors, 266 Va. 550, 554 , 587 S.E.2d 589 (2003). 2011Glazebrook v. Board of Supervisors, 266 Va. 550, 554 , 587 S.E.2d 589 (2003). | 3 | 4 |
Bellamy v. Gates and Gillgreen2 sentences2002Bellamy v. Gates, 214 Va. 314, 315-16 , 200 S.E.2d 533, 534 (1973). 2002Bellamy v. Gates, 214 Va. 314, 315-16 , 200 S.E.2d 533, 534 (1973). | 2 | 3 |
Eagle Harbor, LLC v. Isle of Wight Countygreen2 sentences2015Eagle Harbor, L.L.C. v. Isle of Wight County, 271 Va. 603, 611 (2006). 2015Eagle Harbor, L.L.C. v. Isle of Wight Cnty., 271 Va. 603, 611 (2006). | 2 | 2 |
CaterCorp, Inc. v. Catering Concepts, Inc.green2 sentences2005Furthermore, “[o]n demurrer, a court may examine not only the substantive allegations of the pleading attached but also any accompanying exhibit mentioned in the pleading.” CaterCorp, Inc. v. Catering Concepts, Inc., 246 Va. 22, 24 , 431 S.E.2d 277, 278 (1993); see Ward’s Equip. v. New Holland N. Am., 254 Va. 379, 382 , 493 S.E.2d 516, 518 (1997) (in ruling on demurrer, the court may consider any written agreement added to the record on motion craving oyer). 2005Furthermore, “[o]n demurrer, a court may examine not only the substantive allegations of the pleading attached but also any accompanying exhibit mentioned in the pleading.” CaterCorp, Inc. v. Catering Concepts, Inc., 246 Va. 22, 24 , 431 S.E.2d 277, 278 (1993); see Ward’s Equip. v. New Holland N. Am., 254 Va. 379, 382 , 493 S.E.2d 516, 518 (1997) (in ruling on demurrer, the court may consider any written agreement added to the record on motion craving oyer). | 2 | 2 |
Grossmann v. Saundersgreen2 sentences2001Grossmann v. Saunders, 237 Va. 113, 119 , 376 S.E.2d 66, 69 (1989); Penick v. Dekker, 228 Va. 161, 166 , 319 S.E.2d 760, 763 (1984). 2001Grossmann v. Saunders, 237 Va. 113, 119 , 376 S.E.2d 66, 69 (1989); Penick v. Dekker, 228 Va. 161, 166 , 319 S.E.2d 760, 763 (1984). | 2 | 2 |
Ward's Equipment, Inc. v. New Holland North America, Inc.green2 sentences2013Id. (citing Welding, Inc. v. Bland County Service Auth., 261 Va. 218, 226 , 541 S.E.2d 909, 913 (2001)). 2013Id. (citing Welding, Inc. v. Bland County Service Auth., 261 Va. 218, 226 , 541 S.E.2d 909, 913 (2001)). | 1 | 3 |
Fun v. Virginia Military Institutegreen2 sentences1997The purpose of a demurrer is to test "the sufficiency of factual allegations to determine whether die motion for judgment states a cause of action." Fun v. Virginia Military Institute, 245 Va. 249, 252 , 427 S.E.2d 181 (1993). 1997The purpose of a demurrer is to test "the sufficiency of factual allegations to determine whether die motion for judgment states a cause of action." Fun v. Virginia Military Institute, 245 Va. 249, 252 , 427 S.E.2d 181 (1993). | 1 | 2 |
Concerned Taxpayers of Brunswick County v. County of Brunswickgreen2 sentences2001Riverview Farm Assocs. v. Bd. of Supervisors, 259 Va. 419, 427 , 528 S.E.2d 99, 103 (2000); Concerned Taxpayers v. County of Brunswick, 249 Va. 320, 327-28 , 455 S.E.2d 712, 716 (1995); Fun v. Va. Military Inst., 245 Va. 249, 252 , 427 S.E.2d 181, 183 (1993). 2001Riverview Farm Assocs. v. Bd. of Supervisors, 259 Va. 419, 427 , 528 S.E.2d 99, 103 (2000); Concerned Taxpayers v. County of Brunswick, 249 Va. 320, 327-28 , 455 S.E.2d 712, 716 (1995); Fun v. Va. Military Inst., 245 Va. 249, 252 , 427 S.E.2d 181, 183 (1993). | 1 | 2 |
Penick v. Dekkergreen2 sentences2001Grossmann v. Saunders, 237 Va. 113, 119 , 376 S.E.2d 66, 69 (1989); Penick v. Dekker, 228 Va. 161, 166 , 319 S.E.2d 760, 763 (1984). 2001Grossmann v. Saunders, 237 Va. 113, 119 , 376 S.E.2d 66, 69 (1989); Penick v. Dekker, 228 Va. 161, 166 , 319 S.E.2d 760, 763 (1984). | 1 | 2 |
Lewis v. Keigreen1 sentence2026“Therefore, in evaluating a demurrer to a claim of defamation, a trial court ‘must determine as a matter of law whether the allegedly defamatory statements contain provably false factual statements or are merely statements of opinion.’” Lewis v. Kei, 281 Va. 715, 725 (2011) (quoting Hyland v. Raytheon Tech. | 1 | 1 |
Yeatts v. Murraygreen1 sentence2025See Martin v. Lahti, 295 Va. 77 , 88 (2018) (“An assignment of error that does not address the findings or rulings in the trial court . . . is not sufficient.” (alteration in original) (quoting Rule 5:17(c)(1)(iii)); see also Moison v. Commonwealth, 302 Va. 417 , 420 (2023) (“[t]he purpose of assignments of error is to point out the errors with reasonable certainty in order to direct [the] court and opposing counsel to the points on which appellant intends to ask a reversal of the judgment, and to limit discussion to these points” (alterations in original) (quoting Yeatts v. Murray, 249 Va. 28 | 1 | 1 |
Commonwealth v. Whitegreen1 sentence2024See Butcher v. Commonwealth, 298 Va. 392 , 396 (2020) (stating that “the doctrine of judicial restraint dictates that we decide cases ‘on the best and narrowest grounds available’” (quoting Commonwealth v. White, 293 Va. 411, 419 (2017))). | 1 | 1 |
Cooper Industries, Inc. v. Melendezgreen1 sentence2024Furr Plumbing, Heating & Air Conditioning, Inc., 297 Va. 539 , 549 (2019) (quoting Cooper Industries, Inc. v. Melendez, 260 Va. 578, 594 (2000)). | 1 | 1 |
Smith v. Reidgreen1 sentence2016More is needed than purely conclusory references to willful and wanton conduct.” (quoting Smith v. Reid, 28 Va. Cir. 381, 381-82 (Fredericksburg City 1992))). | 1 | 1 |
Hawes v. Cummingsgreen1 sentence2016E.g., Hawes v. Cummings, 89 Va. Cir. 289, 291 (Chesapeake City 2014) (“[W]hen considering a demurrer to such a claim, specific egregious and extraordinaiy facts must be alleged. | 1 | 1 |
Richard Jennings Cabaniss v. Nancy Turner Cabanissgreen2 sentences2016“While one of the main uses of a demurrer is to challenge a pleading as failing to state a cause of action or to state facts upon which relief can be granted, a demurrer is also used to assert ‘the lack of potential or active jurisdiction.’” Cabaniss v. Cabaniss, 46 Va. App. 595, 599-600 , 620 S.E.2d 559, 560-61 (2005) (quoting W. 2016“While one of the main uses of a demurrer is to challenge a pleading as failing to state a cause of action or to state facts upon which relief can be granted, a demurrer is also used to assert ‘the lack of potential or active jurisdiction.’” Cabaniss v. Cabaniss, 46 Va. App. 595, 599-600 , 620 S.E.2d 559, 560-61 (2005) (quoting W. | 1 | 1 |
Group Insurance Concepts, Inc. v. Visium Solutions Corp.green1 sentence2015In dictum, the court cites Bershader for its conclusion that “case law suggests that attorney’s, fees are allowed in a law case involving fraud.” Id. at 113. | 1 | 1 |
Taboada v. Daly Seven, Inc.green2 sentences2010Taboada v. Daly Seven, Inc., 271 Va. 313, 317-18 , 626 S.E.2d 428, 429-30 (2006). 2010Taboada v. Daly Seven, Inc., 271 Va. 313, 317-18 , 626 S.E.2d 428, 429-30 (2006). | 1 | 1 |
| Faulknier v. Shafergreen | 1 | 1 |
| Votsis v. Ward's Coffee Shop, Inc.green | 1 | 1 |
| Ames v. American National Bankgreen | 1 | 1 |
| Solomon v. Atlantic Coast Line Railroadgreen | 1 | 1 |
| Flippo v. F & L LAND CO.green | 1 | 1 |
| Wright v. Castlesgreen | 1 | 1 |
| Fuste v. Riverside Healthcare Ass'n, Inc.green | 1 | 1 |
| Cox Cable Hampton Roads, Inc. v. City of Norfolkgreen | 1 | 1 |
| Carmel v. City of Hamptongreen | 1 | 1 |
| Riverview Farm Associates Virginia General Partnership v. Board of Supervisorsgreen | 1 | 1 |
| Johnson v. Campbellgreen | 1 | 1 |
| Chaves v. Johnsongreen | 1 | 1 |
| Lentz v. Morrisgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hyland v. RAYTHEON TECHNICAL SERVICES CO.
green
2 sentences2012Therefore, in evaluating a demurrer to a claim of defamation, a trial court “must determine as a matter of law whether the allegedly defamatoiy statements contain provably false factual statements or are merely statements of opinion.” Id. 2011Therefore, in evaluating a demurrer to a claim of defamation, a trial court "must determine as a matter of law whether the allegedly defamatory statements contain provably false factual statements or are merely statements of opinion." Id. | 2 | 2011–2012 |
Giant of Virginia, Inc. v. Pigg
green
2 sentences2025First, Pigg was tried to verdict and is not instructive in a demurrer analysis. 207 Va. at 683 . 2025Second, even if it were instructive, Massie’s complaint does not suggest that Doe had a prior relationship with Massie, nor does it provide any facts that suggest that Ulta, Doe, or the police were unwilling to consider her “avowals of innocence.” Id. at 685 . | 1 | 2025–2025 |
Everette v. Woodward
green
1 sentence2024Id. at 426 . | 1 | 2024–2024 |
Southern Biscuit Co. v. Lloyd
green
1 sentence2015At this time, the Court will not extend the precedent offered by the Defendant in Southern Biscuit Co. v. Lloyd, 174 Va. 299 (1940). | 1 | 2015–2015 |
Reston Hospital Center, LLC v. Remley
green
2 sentences2014“It is incumbent upon the appellant to plead facts sufficient to demonstrate standing.” Id. at 110 , 717 S.E.2d at 424 (citing Chesapeake Bay Found., 46 Va. App. at 120 , 616 S.E.2d at 47 ). 2014“It is incumbent upon the appellant to plead facts sufficient to demonstrate standing.” Id. at 110 , 717 S.E.2d at 424 (citing Chesapeake Bay Found., 46 Va. App. at 120 , 616 S.E.2d at 47 ). | 1 | 2014–2014 |
Chesapeake Bay Foundation, Inc. v. Commonwealth Ex Rel. State Water Control Board
green
2 sentences2014“It is incumbent upon the appellant to plead facts sufficient to demonstrate standing.” Id. at 110 , 717 S.E.2d at 424 (citing Chesapeake Bay Found., 46 Va. App. at 120 , 616 S.E.2d at 47 ). 2014“It is incumbent upon the appellant to plead facts sufficient to demonstrate standing.” Id. at 110 , 717 S.E.2d at 424 (citing Chesapeake Bay Found., 46 Va. App. at 120 , 616 S.E.2d at 47 ). | 1 | 2014–2014 |
Wyatt v. Sussex Surry, L.L.C.
neutral
1 sentence2010Id. at 306 . | 1 | 2010–2010 |
Warner v. The Money Store Investment Corp.
green
2 sentences2010Equity further asserts a demurrer to the allegations in Count Two that Equity was required under the deed of trust “to act toward the plaintiff with perfect fairness and impartiality.” While Equity is correct in stating that the powers and duties of a trustee in a deed of trust are limited and defined by instrument, Equity is incorrect in maintaining that the trustee is not required to act toward the plaintiff with “perfect fairness and impartiality.” See Warner v. Clementson, 254 Va. 356, 361 , 492 S.E.2d 655 (1997). 2010Equity further asserts a demurrer to the allegations in Count Two that Equity was required under the deed of trust “to act toward the plaintiff with perfect fairness and impartiality.” While Equity is correct in stating that the powers and duties of a trustee in a deed of trust are limited and defined by instrument, Equity is incorrect in maintaining that the trustee is not required to act toward the plaintiff with “perfect fairness and impartiality.” See Warner v. Clementson, 254 Va. 356, 361 , 492 S.E.2d 655 (1997). | 1 | 2010–2010 |
Blake Construction Co. v. Upper Occoquan Sewage Authority
green
2 sentences2009Va. Code Ann. § 8.01-273 (A); Blake Const. Co. v. Upper Occoquan Sewage Auth., 266 Va. 564 , 587 S.E.2d 711 (2003). 2009Va. Code Ann. § 8.01-273 (A); Blake Const. Co. v. Upper Occoquan Sewage Auth., 266 Va. 564 , 587 S.E.2d 711 (2003). | 1 | 2009–2009 |
Connemara Corp. v. St. Andrews, L.L.C.
green
1 sentence2008Andrews, L.L.C., 72 Va. Cir. 289 (Lancaster County, 2006), the court sustained a demurrer to a claim of unjust enrichment because Connemara had slept on its rights by failing to perfect a mechanic’s lien. | 1 | 2008–2008 |
| PULTE HOME CORPORATION v. Parex, Inc. green | 1 | 2006–2006 |
| Woods v. Mendez green | 1 | 2003–2003 |
| Bibber v. McCreary green | 1 | 1995–1995 |
| Booth v. Robertson green | 1 | 1991–1991 |
| Bledsoe v. Robinett neutral | 1 | 1948–1948 |
| Fry v. County of Albemarle green | 1 | 1919–1919 |
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.