Holleman v. Commonwealth

General Court of Virginia

Holleman v. Commonwealth

2 Va. 135

DecidedJune 15, 1818

StatusPublished

This text of 2 Va. 135 (Holleman v. Commonwealth) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holleman v. Commonwealth, 2 Va. 135 (Va. Super. Ct. 1818).

Pincite

Opinion

The following is the judgment rendered by the Court:

“The Court is unanimously of opinion, that there is error in the proceedings in this case, in this: that the Court instructed the jury that uninterrupted use and occupation of a road as a public road for upwards of twenty years, was conclusive evidence of its being a public road as to this prosecution;” therefore, the judgment is reversed, and a new trial awarded, “with instructions to admit the said evidence of twenty years use and occupation, as presumptive, but not conclusive evidence of the road’s being a public one.”

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The following is the judgment rendered by the Court:

“The Court is unanimously of opinion, that there is error in the proceedings in this case, in this: that the Court instructed the jury that uninterrupted use and occupation of a road as a public road for upwards of twenty years, was conclusive evidence of its being a public road as to this prosecution;” therefore, the judgment is reversed, and a new trial awarded, “with instructions to admit the said evidence of twenty years use and occupation, as presumptive, but not conclusive evidence of the road’s being a public one.”

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Bluebook (online)

2 Va. 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holleman-v-commonwealth-vagensess-1818.