Harrison v. Davidson

Fairfax County Circuit Court

Harrison v. Davidson

21 Va. Cir. 426, 1990 Va. Cir. LEXIS 264

CourtFairfax County Circuit Court

DecidedOctober 25, 1990

DocketCase No. (Law) 91556

StatusPublished

This text of 21 Va. Cir. 426 (Harrison v. Davidson) is published on Counsel Stack Legal Research, covering Fairfax County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harrison v. Davidson, 21 Va. Cir. 426, 1990 Va. Cir. LEXIS 264 (Va. Super. Ct. 1990).

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Opinion

By JUDGE THOMAS J. MIDDLETON

At trial on October 22, 1990, the Court indicated that the disposition of this case would depend upon whether the burden of proof of detinue is by a preponderance of the evidence or by clear and convincing evidence.

In a detinue action, the plaintiff must prove the elements of his cause of action by a preponderance of the evidence. Flax v. Monticello Realty Co., 185 Va. 474, 477 (1946); Yeary v. Holbrook, 171 Va. 266, 284 (1938); 7B M.J., Evidence, § 29. The Court finds that plaintiff has done so. Accordingly, judgment shall be entered for plaintiff requiring defendant to allow plaintiff to retrieve the property which is the subject of this suit.

There was some argument as to the applicability of the statute of frauds to this case. The Court finds that the parties entered into a month-to-month lease of the subject property, and therefore, the statute of frauds is inapplicable. Budowitz v. Commonwealth, 136 Va. 227 (1923).

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By JUDGE THOMAS J. MIDDLETON

At trial on October 22, 1990, the Court indicated that the disposition of this case would depend upon whether the burden of proof of detinue is by a preponderance of the evidence or by clear and convincing evidence.

In a detinue action, the plaintiff must prove the elements of his cause of action by a preponderance of the evidence. Flax v. Monticello Realty Co., 185 Va. 474, 477 (1946); Yeary v. Holbrook, 171 Va. 266, 284 (1938); 7B M.J., Evidence, § 29. The Court finds that plaintiff has done so. Accordingly, judgment shall be entered for plaintiff requiring defendant to allow plaintiff to retrieve the property which is the subject of this suit.

There was some argument as to the applicability of the statute of frauds to this case. The Court finds that the parties entered into a month-to-month lease of the subject property, and therefore, the statute of frauds is inapplicable. Budowitz v. Commonwealth, 136 Va. 227 (1923).

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Bluebook (online)

21 Va. Cir. 426, 1990 Va. Cir. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-davidson-vaccfairfax-1990.

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