Statute Annotations › Virginia › Va. Code Ann. § 8.01-273

Va. Code Ann. § 8.01-273

Demurrers: the cases that interpreted this section

Jurisdiction
Virginia
Case notes
158
Cited in passing
50
Citing cases indexed
212
Case dates
1985–2018
Screened through
2018-11-21
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

208 citing cases reviewed of 212 in the citation index: 158 interpreted the section (annotated below), 50 cited it only in passing. Cases filed after 2018-11-21 may not have been reviewed yet.

Have a situation under Va. Code Ann. § 8.01-273?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Applying the grounds to dismiss a pleading

Section 8.01-273 allows a demurrer to be sustained when a pleading fails to state a cause of action or facts supporting the requested relief.

Resk v. Roanoke County · filed 2007-04-19

A demurrer should be sustained if “a pleading does not state a cause of action or... fails to state facts upon which the relief demanded can be granted.” Va. Code § 8.01-273 (2006). ... Accordingly, the demurrers are sustained and Plaintiff s Complaint is dismissed with prejudice.
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Section 8.01-273 permits a demurrer when a pleading fails to state a cause of action or facts supporting the relief sought.

Rivanna Solid Waste Authority v. Van der Linde · filed 2009-07-21

A demurrer, however, will be sustained when the pleading does not state a cause of action or fails to state facts upon which the relief demanded can be granted. Va. Code § 8.01-273. ... The Court, therefore, will sustain BFI’s demurrer to Count I.
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Section 8.01-273 requires a court to sustain a demurrer when the pleading fails to state a cause of action or facts supporting relief.

Padilla v. Diner · filed 2003-06-10

A demurrer challenges the legal sufficiency of factual allegations and shall be sustained if the plaintiffs pleadings do not state a cause of action or fail to state facts upon which relief can be granted.
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Section 8.01-273 requires a demurrer to be sustained when the pleading fails to state a cause of action or facts on which relief can be granted.

Williams v. Medical Facilities of America · filed 2005-02-16

A demurrer challenges the legal sufficiency of an aggressive pleading and should be sustained if the plaintiffs pleadings do not state a cause of action or fail to state facts upon which relief can be granted. Va. Code § 8.01-273.
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Section 8.01-273 permits a demurrer to strike a pleading that fails to state a cause of action or facts supporting relief.

Specialty Marketing, Inc. v. Lawrence · filed 2010-03-11

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Virginia Code § 8.01-273. ... Consequently, the Complaint fails to state a cause of action and the demurrer is hereby sustained.
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Section 8.01-273 permits a demurrer to be sustained when a pleading, viewed in the light most favorable to the plaintiff, fails to state a valid cause of action.

Smith v. Miller & Smith at Pembrooke, L.L.C. · filed 2011-12-14

A demurrer tests the legal sufficiency of a pleading and should be sustained if the pleading fails to state a valid cause of action when viewed in the light most favorable to the plaintiff.
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Section 8.01-273 requires a demurrer to be sustained when a pleading fails to state facts supporting the requested relief.

Carr v. Federal National Mortgage Ass'n · filed 2013-10-08

A demurrer should also be sustained when a “pleading fails to state facts upon which the relief demanded can be granted.” Va. Code Ann. § 8.01-273 (2013).
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Section 8.01-273 calls for sustaining a demurrer when a pleading fails to state facts upon which relief can be granted.

Fallin v. Anchor Point Ventures, L.L.C. · filed 2015-04-06

A demurrer should also be sustained when a “pleading fails to state facts upon which the relief demanded can be granted.” Va. Code Ann. § 8.01-273 (2013). ... Plaintiffs’ pleadings have stated sufficient facts upon which the relief demanded can be granted.
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Notes 151–158 of 158, oldest cases first.

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