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← 280 Va. 76 - Evans v. Evans

Evans v. Evans’s Empirical Analysis

2010

Citation profile

50
cited by 50 later decisions
2
states following
December 2017
most recently cited

50 state decisions

Relationships

Relies on Yuzefovsky v. St. John's Wood Apartments · Conyers v. MARTIAL ARTS WORLD OF RICHMOND · Smith v. Kauffman · Prillaman v. Commonwealth · Griffin v. Shively

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““When the language of a statute is unambiguous, we are bound by the plain meaning of that language. Furthermore, we must give effect to the legislature’s intention as expressed by the language used unless a literal interpretation of the language would result in a manifest absurdity. If a statute is subject to more than one interpretation, we must apply the interpretation that will carry out the legislative intent behind the statute.””
    7 later decisions quote this exact passage
  2. ““[A] statutory provision will not be held to change the common law unless the legislative intent to do so is plainly manifested.” Herndon v. St. Mary’s Hosp., Inc., 266 Va. 472 , 476, 587 S.E.2d 567 , 569 (2003). “Statutes in deroga tion of the common law are to be strictly construed and not to be enlarged in their operation by construction beyond their express terms.” Chesapeake & Ohio Ry. Co. v. Kinzer, 206 Va. 175 , 181, 142 S.E.2d 514 , 518 (1965). Accordingly, “[a] statutory change in the common law is limited to that which is expressly stated in the statute or necessarily implied by its language because there is a presumption that no change was intended.” Mitchem v. Counts, 259 Va. 179, 186 , 523 S.E.2d 246, 250 (2000). “When an enactment does not encompass the entire subject covered by the common law, it abrogates the common-law rule only to the extent that its terms are directly and irreconcilably opposed to the rule.” Boyd [v. Commonwealth, 236 Va. 346, 349 , 374 S.E.2d 301, 302 (1988) ].”
    1 later decision quote this exact passage
  3. “[t]he common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth ... continue[s] in full force [and is] the rule of decision, except as altered by the General Assembly.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.