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State court of last resort · ST-VA-SC
Chacey v. Garvey
No. 150005Supreme Court of Virginia
150005 Chacey v. Garvey 12/30/2015 In a case for timber trespass under the provisions of Code § 55-332, the trial court erred in ruling that the statutory phrase allowing recovery of "directly associated legal…
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150005 Chacey v. Garvey 12/30/2015 In a case for timber trespass under the provisions of Code § 55-332, the trial court erred in …
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Dec 30, 2015
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150005 Chacey v. Garvey 12/30/2015 In a case for timber trespass under the provisions of Code § 55-332, the trial court erred in ruling that the statutory phrase allowing recovery of "directly associated legal costs" includes attorney's fees. Virginia follows the "American Rule," under which, absent a specific contractual or statutory provision to the contrary, attorney's fees are not recoverable by a prevailing litigant from the losing litigant. The authority for awarding costs and attorney's fees is in derogation of common law and, therefore, subject to strict interpretation. In this statute, the General Assembly did not include the right to recover attorney's fees. On the issue of damage…
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