No such repeal nor any amendment or revision of the Constitution of Virginia shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any right established, accrued, or accruing before the day upon which such repeal, amendment or revision takes effect, or any prosecution, suit, or proceeding pending on that day, except that the proceedings thereafter had shall conform, so far as practicable, to the provisions of this Code; and where any penalty, forfeiture, or punishment is mitigated by those provisions, such provisions may, with the consent of the party affected, be applied to any judgment to be pronounced after that day; and such repeal, amendment or revision as to any statute of limitations, under which the bar of a right of action or remedy is complete at the time the repeal, amendment or revision takes effect, shall not be deemed a removal of such bar, but the bar shall continue, notwithstanding such repeal, amendment or revision.
Code 1919, § 6569; R. P. 1948, § 1-4; 1971, Ex. Sess., c. 14.
Notes of Decisions
EMAC, L.L.C. v. Cnty. of Hanover, 781 S.E.2d 181 (Va. 2016).
· cites it 4× “”); Hanover County Code § 1-4 (“If any part, section, subsection, sentence, clause or phrase of this Code is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Code.”
Bowers v. Sprouse, 492 S.E.2d 637 (Va. 1997).
· cites it 2× “…expenses to personal injury plaintiff, but failing to award damages for pain and suffering, 55 A.L.R.4th 186 , §§ 1-4 (1987 & Supp.1997).”
Blackson v. Blackson, 579 S.E.2d 704 (Va. Ct. App. 2003).
“Based on the facts of the case before us, we conclude that subsections 1-4 of Code § 20-97 are inapplicable.”
Comm'r of Highways v. Karverly, Inc., 813 S.E.2d 322 (Va. 2018).
“Friend & Kent Sinclair, The Law of Evidence in Virginia § 1-4[i], at 32 (7th ed. 2012) (stating that closing "arguments are not evidence").”
Byrd v. Commonwealth, 517 S.E.2d 243 (Va. Ct. App. 1999).
“Friend, The Law of Evidence in Virginia § 1-4(e) (4th ed. 1993) ("It is not proper to introduce matter which is merely cumulative, or not responsive to points raised in defendant’s case.”
Norfolk & W. Ry. Co. v. Bhd. of Locomotive Engineers, 459 F. Supp. 136 (W.D. Va. 1978).
“659 , §§ 1-4, 6 (1924). Included among the changes were amendments making interstate carriers “liable not only for using unsafe or uninspected locomotives in moving interstate traffic .”
Kian v. Kefalogiannis, 163 S.E. 535 (Va. 1932).
“But the court in that case, I think, made the same error which the Virginia court has made in the three cases in which that doctrine has been heretofore announced, that is, that sections 1-4, chapter 136, Code 1849, was merely the enactment of the equitable doctrine with…”
SNC-Lavalin Am., Inc. v. Alliant Techsystems, Inc., 858 F. Supp. 2d 620 (W.D. Va. 2012).
“provided) (emphasis added); UFC 3-600-01, § 1-4 (same)”). For its final argument, ATK contends that “it was the Fire Code Report itself that set the requirements for the Project,” and that SNC was “contractually obligated to .”
Commonwealth v. Barney, 884 S.E.2d 81 (Va. 2023).
“See Kent Sinclair, The Law of Evidence in Virginia § 1-4[i], at 33 (8th ed. 2018) (stating that closing “arguments are not evidence”).”
Ho-Won Jeong v. George Mason Univ., No. 1797224 (Va. Ct. App. Nov. 28, 2023).
“556 , 566 (2022) (noting “[t]here is no indication that the Commonwealth intended this statement [that had not been introduced into evidence] as evidence, nor could the Commonwealth properly do so since the statement was made by the prosecutor and not by a witness”).”
Va. Code Ann. § 1-4(e): 2 cases
Byrd v. Commonwealth, 517 S.E.2d 243 (Va. Ct. App. 1999).
“Friend, The Law of Evidence in Virginia § 1-4(e) (4th ed. 1993) ("It is not proper to introduce matter which is merely cumulative, or not responsive to points raised in defendant’s case.”
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