Va. Code Ann. § 8.01-273
Demurrers: the cases that interpreted this section
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.Read the full opinion on CourtListener →
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.Read the full opinion on CourtListener →
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.Read the full opinion on CourtListener →
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.Read the full opinion on CourtListener →
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.Read the full opinion on CourtListener →
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.Read the full opinion on CourtListener →
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).Read the full opinion on CourtListener →
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.Read the full opinion on CourtListener →
Notes 151–158 of 158, oldest cases first.
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