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6 Virginia opinions name it 3 courts 1953–2022 1 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 |
|---|---|---|
Burnette v. Commonwealthgreen2 sentences2022“A word or clause contained in a statute may only be rejected as surplusage if it ‘appears to have been inserted through inadvertence or mistake, and which is incapable of any sensible meaning,’ or is otherwise repugnant to the rest of the statute.” Id. at 127 (quoting Burnette v. Commonwealth, 194 Va. 785, 788 (1953)). “[N]o part of an act should be treated as meaningless unless absolutely necessary.” Id. (alteration in original) (quoting Garrison v. First Fed. 2022“A word or clause contained in a statute may only be rejected as surplusage if it ‘appears to have been inserted through inadvertence or mistake, and which is incapable of any sensible meaning,’ or is otherwise repugnant to the rest of the statute.” Id. at 127 (quoting Burnette v. Commonwealth, 194 Va. 785, 788 (1953)). “[N]o part of an act should be treated as meaningless unless absolutely necessary.” Id. (alteration in original) (quoting Garrison v. First Fed. | 4 | 4 |
Garrison v. First Federal Savings & Loan Ass'ngreen2 sentences2022Sav. and Loan Ass’n of S.C., 241 Va. 335, 340 (1991)). 2004Burnette v. Commonwealth, 194 Va. 785, 788-89 , 75 S.E.2d 482, 484-85 (1953). "[N]o part of an act should be treated as meaningless unless absolutely necessary." Garrison v. First Federal Savings and Loan of South Carolina, 241 Va. 335, 340 , 402 S.E.2d 25, 28 (1991) (citing Raven Red Ash Coal Corp. v. Absher, 153 Va. 332, 335 , 149 S.E. 541, 542 (1929)). | 1 | 2 |
Dominion Savings Bank, FSB v. Costellogreen2 sentences2015Bank, FSB v. Costello, 257 Va. 413, 417 , 512 S.E.2d 564, 567 (1999)) (internal quotation marks omitted). 2015Bank, FSB v. Costello, 257 Va. 413, 417 , 512 S.E.2d 564, 567 (1999)) (internal quotation marks omitted). | 1 | 1 |
Garrison v. FIRST FEDERAL SAV. AND LOANgreen2 sentences2004Burnette v. Commonwealth, 194 Va. 785, 788-89 , 75 S.E.2d 482, 484-85 (1953). “[N]o part of an act should be treated as meaningless unless absolutely necessary.” Garrison v. First Federal Savings and Loan of South Carolina, 241 Va. 335, 340 , 402 S.E.2d 25, 28 (1991) (citing Raven Red Ash Coal Corp. v. Absher, 153 Va. 332, 335 , 149 S.E. 541, 542 (1929)). 2004Burnette v. Commonwealth, 194 Va. 785, 788-89 , 75 S.E.2d 482, 484-85 (1953). "[N]o part of an act should be treated as meaningless unless absolutely necessary." Garrison v. First Federal Savings and Loan of South Carolina, 241 Va. 335, 340 , 402 S.E.2d 25, 28 (1991) (citing Raven Red Ash Coal Corp. v. Absher, 153 Va. 332, 335 , 149 S.E. 541, 542 (1929)). | 1 | 1 |
Raven Red Ash Coal Corp. v. Abshergreen2 sentences2004Burnette v. Commonwealth, 194 Va. 785, 788-89 , 75 S.E.2d 482, 484-85 (1953). "[N]o part of an act should be treated as meaningless unless absolutely necessary." Garrison v. First Federal Savings and Loan of South Carolina, 241 Va. 335, 340 , 402 S.E.2d 25, 28 (1991) (citing Raven Red Ash Coal Corp. v. Absher, 153 Va. 332, 335 , 149 S.E. 541, 542 (1929)). 2004Burnette v. Commonwealth, 194 Va. 785, 788-89 , 75 S.E.2d 482, 484-85 (1953). "[N]o part of an act should be treated as meaningless unless absolutely necessary." Garrison v. First Federal Savings and Loan of South Carolina, 241 Va. 335, 340 , 402 S.E.2d 25, 28 (1991) (citing Raven Red Ash Coal Corp. v. Absher, 153 Va. 332, 335 , 149 S.E. 541, 542 (1929)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Moyer v. Commonwealth
green
1 sentence2022“A word or clause contained in a statute may only be rejected as surplusage if it ‘appears to have been inserted through inadvertence or mistake, and which is incapable of any sensible meaning,’ or is otherwise repugnant to the rest of the statute.” Id. at 127 (quoting Burnette v. Commonwealth, 194 Va. 785, 788 (1953)). “[N]o part of an act should be treated as meaningless unless absolutely necessary.” Id. (alteration in original) (quoting Garrison v. First Fed. | 1 | 2022–2022 |
Stacy v. Stacy
green
2 sentences2015In construing a contract, settled principles provide that a court must avoid treating a word or clause as “‘meaningless if a reasonable meaning can be given to it.’” Stacy, 53 Va. App. at 48 , 669 S.E.2d at 352 -53 (quoting Dominion Sav. 2015In construing a contract, settled principles provide that a court must avoid treating a word or clause as “‘meaningless if a reasonable meaning can be given to it.’” Stacy, 53 Va. App. at 48 , 669 S.E.2d at 352 -53 (quoting Dominion Sav. | 1 | 2015–2015 |
Looney v. Commonwealth
green
2 sentences1953But if a word or clause be found in a statute which appears to have been inserted through inadvertence or mistake, and which is incapable of any sensible meaning, or which is repug *789 nant to the rest of the act and tends to nullify it, and if the statute is complete and sensible without it, such word or clause may be rejected as surplusage.” Black on Interpretation of Laws, sec. 39, p. 83, quoted with approval in Looney v. Commonwealth, 145 Va. 825 , 133 S. E. 753 ; Howell v. Com., 187 Va. 34 , 46 S. E. 2d 37 . 1953But if a word or clause be found in a statute which appears to have been inserted through inadvertence or mistake, and which is incapable of any sensible meaning, or which is repug *789 nant to the rest of the act and tends to nullify it, and if the statute is complete and sensible without it, such word or clause may be rejected as surplusage.” Black on Interpretation of Laws, sec. 39, p. 83, quoted with approval in Looney v. Commonwealth, 145 Va. 825 , 133 S. E. 753 ; Howell v. Com., 187 Va. 34 , 46 S. E. 2d 37 . | 1 | 1953–1953 |
Howell v. Commonwealth
green
2 sentences1953But if a word or clause be found in a statute which appears to have been inserted through inadvertence or mistake, and which is incapable of any sensible meaning, or which is repug *789 nant to the rest of the act and tends to nullify it, and if the statute is complete and sensible without it, such word or clause may be rejected as surplusage.” Black on Interpretation of Laws, sec. 39, p. 83, quoted with approval in Looney v. Commonwealth, 145 Va. 825 , 133 S. E. 753 ; Howell v. Com., 187 Va. 34 , 46 S. E. 2d 37 . 1953But if a word or clause be found in a statute which appears to have been inserted through inadvertence or mistake, and which is incapable of any sensible meaning, or which is repug *789 nant to the rest of the act and tends to nullify it, and if the statute is complete and sensible without it, such word or clause may be rejected as surplusage.” Black on Interpretation of Laws, sec. 39, p. 83, quoted with approval in Looney v. Commonwealth, 145 Va. 825 , 133 S. E. 753 ; Howell v. Com., 187 Va. 34 , 46 S. E. 2d 37 . | 1 | 1953–1953 |
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.