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Opinion Digests

Domestic Relations – Child Custody – Boarding School Tuition (access required)

The trial court did not abuse its discretion in continuing custody with the mother in light of the teenage son’s desire to continue his boarding school education and to remain with the mother, and considering the mother’s attitude toward the ...

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Traffic Offenses – Leaving Scene Of Accident – Truck Over Embankment (access required)

Although defendant claimed he did not know the tractor-trailer he hit had gone over an embankment, but thought it had driven on, there nevertheless was sufficient contrary evidence, from a police officer’s investigation of the accident scene and the other ...

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Civil Practice – Nonsuit – Dismissal Of Counterclaim – Failure To Implead Assignor (access required)

Where plaintiff, an assignee of a drywall business’s accounts receivable, took a nonsuit, the creditor’s counterclaim for set-off against plaintiff is dismissed without prejudice to the creditor later raising the counterclaim as an independent cause of action or as an ...

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Criminal – Joinder – Co-defendant's Exculpatory Testimony (access required)

Where a husband and wife are charged with attempting to receive stolen property, and the husband indicated that he was prepared to offer testimony exculpating the wife if their trials remained bifurcated, but that he would invoke his Fifth Amendment ...

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Commercial – Mechanic's Lien – Apportionment (access required)

Where the complainant iron works company’s work benefitted all 46 lots in a subdivision, not just the 10 lots owned by the trustee for the joint venture, the company’s mechanic’s lien failed to properly apportion the labor and materials furnished ...

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Contract (310442) (access required)

Interference With Real Estate Contract Where the owner attempted to sell his lot to a buyer who agreed to purchase contingent on the buyer also being able to purchase an adjacent lot owned by Citibank, but during negotiations between the ...

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Civil Practice – Small Claims Court – Constitutionality – Special Legislation (access required)

Although plaintiff contends that legislation authorizing small claims courts in larger municipalities that meet certain population criteria, Va. Code § 16.1-122.1, is “special legislation” in violation of Article IV, § 14 of the Virginia Constitution, the plaintiff has failed to ...

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Commercial – Guaranty – Right Of Contribution (access required)

Where the plaintiff and defendant each signed separate guarantees in favor of the beneficiary but neither guaranty specified that the liability created by the guaranty was joint and several with that of other guarantors, plaintiff does not have a “common-law ...

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