Legal Opinion

Sands & Co. v. Norvell

Supreme Court of Virginia

Decided November 20, 1919PublishedCited by 23 opinions

Error to a judgment of the Circuit Court of Amherst county, in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The following instructions were tendered by plaintiff and given by the court to the jury: No. 1. The court instructs the jury that an improper motive may be inferred from a wrongful act based upon no reasonable ground, and that such improper motive constitutes malice in law.

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Error to a judgment of the Circuit Court of Amherst county, in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The following instructions were tendered by plaintiff and given by the court to the jury: No. 1. The court instructs the jury that an improper motive may be inferred from a wrongful act based upon no reasonable ground, and that such improper motive constitutes malice in law. And to constitute such malice it is not necessary that such wrongful act should be prompted by anger, malevolence or vindictiveness; but such inference of malice may be…

1Opinion of the CourtKelly, J.

This writ of error brings up for review a judgment in favor of Andrew L. Norvell against Sands & Company, Incorporated, for $1,600 in an action for false imprisonment.

The verdict and judgment below having been for the plaintiff, the case,' except as to certain questions arising upon the instructions, comes to us as upon a demurrer to the evidence, and viewed thus the material facts may be briefly stated as follows: On the night of November 14, 1914, some person or persons broke into the store of Sands & Company at Monroe, in Amherst county, and took therefrom a quantity of valuable…

2Cases cited5 opinions

  1. State v. AllenWest Virginia Supreme Court · 1898
  2. McCoy v. CommonwealthSupreme Court of Virginia · 1919
  3. Bolton v. VellinesSupreme Court of Virginia · 1897
  4. George v. Norfolk & Western Ry. Co.West Virginia Supreme Court · 1916
  5. Mangum v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1919

3Cited by23 opinions

  1. Claude O. Jones, Jr. v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
  2. Lewis v. KeiSupreme Court of Virginia · 2011
  3. W. T. Grant Co. v. OwensCourt of Appeals of Virginia · 1928
  4. P. Lorillard Co. v. ClaySupreme Court of Virginia · 1920
  5. Winston v. CommonwealthSupreme Court of Virginia · 1948

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