Virginia Appeals: Decisions of the Supreme Court of Appeals of Virginia, Volume 17Appeals Press, 1918 - Law reports, digests, etc |
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Common terms and phrases
action Affirmed aforesaid Albemarle county alleged alley amended annexed appellee assignments of error authority award bill cause charge Circuit Court cited city of Richmond claim Code commissioners Commonwealth complained Constitution construction contract contributory negligence corporation court of equity crossing damages Darlington Heights declaration decree deed defendant in error demurrer dence duty evidence fact fendant filed follows foot strip Hustings Court injury instructs the jury January 16 judgment jurisdiction lease March 13 matter ment negligence Norfolk northern line operation opinion owners pany parties Perrow person plaintiff in error proceeding purpose question railroad railroad company Railway Company real estate reasonable refused rehearing Reversed road rule shoe company Southern Railway Company statement statute street strip of land suit testator testimony therein thereof thereto tion tracks trial court verdict Virginia warrant witness
Popular passages
Page 189 - No law shall embrace more than one object, which shall be expressed in its title...
Page 211 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but, in that case, he keeps the contract alive for the benefit of the other party as well as his own...
Page 362 - Whoever shall -order, purchase, or cause intoxicating liquors to be transported in interstate commerce, except for scientific, sacramental, medicinal, and mechanical purposes, into any State or Territory the laws of which State or Territory prohibit the manufacture or sale therein of intoxicating liquors for beverage purposes...
Page 300 - ... or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.
Page 360 - It is further to be observed that the rule in ejectment that the plaintiff must recover, if at all, on the strength of his own title, and not upon the weakness of that of his adversary...
Page 489 - First, the existence of an ulterior purpose ; and second, an act in the use of the process not proper in the regular prosecution of the proceeding: 19 Am. & Eng. Ency. of Law, 2d ed., 630, 631. Regular and legitimate use of process, though with a bad intention, is not a malicious abuse of process.
Page 407 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 540 - ... reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and (4) that the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the United States.
Page 547 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Page 186 - Where damages are claimed for injuries which may have resulted from one of two causes, for one of which the defendant is responsible and for the other of which it is not responsible, the plaintiff must fail if his evidence does not show that the damage was produced by the former cause.