Clark v. Early

By JUDGE J. SAMUEL JOHNSTON, JR.

I have studied the submitted memoranda and read the cases relied upon by each side and am of the following opinion.

We all seem to be in agreement that the issue before me has never been decided, or at least reported, by our Supreme Court. Thus, I must necessarily look to decisions of sister states for guidance while also considering applicable Virginia statutes and Virginia cases which involved statutes of limitation.

I believe that it is the policy of our Supreme Court, and thus the policy of our Circuit Courts, to give liberal construction to questions…