Legal Opinion

Martin v. Howard

Supreme Court of Virginia

Decided April 20, 2007No. Record 062013PublishedCited by 3 opinions

1Opinion of the Court

OPINION BY Senior Justice ROSCOE B. STEPHENSON, JR.

This appeal, awarded in response to a Petition for Review filed pursuant to Code § 8.01-626, concerns the interpretation and application of Code § 32.1-286(C). 1

I

Tracey Myers Howard (the Plaintiff) filed suit against Janet Martin (the Defendant), seeking, pursuant to Code § 32.1-286(C), the exhumation of the body of Palmer D. Martin (Palmer) to obtain a tissue sample for DNA testing. 2 Howard claimed that she is Palmer's illegitimate daughter. The Defendant, who is Palmer's widow and the administratrix of his estate, filed an answer opposing…

2Cases cited7 opinions

  1. White v. CommonwealthSupreme Court of Virginia · 2004
  2. Goldman v. MollenSupreme Court of Virginia · 1937
  3. Allstate Ins. Co. v. GauthierSupreme Court of Virginia · 2007
  4. Leigton v. MaurySupreme Court of Virginia · 1882
  5. Chesapeake & Ohio Railway Co. v. PulliamSupreme Court of Virginia · 1947

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3Cited by3 opinions

  1. Hitt Construction v. PrattCourt of Appeals of Virginia · 2009
  2. Melvin L. Layne v. Crist Electrical Contractor, Inc. and Assurance Services CorporationCourt of Appeals of Virginia · 2013
  3. Davis Wetlands Bank, LLC v. United StatesUnited States Court of Federal Claims · 2013

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