589 S.E.2d 513 BERNICE HUGHES ADKINS, Plaintiff Below, Appellant v. JIMMY STACY, ROSE STACY, CLAUDE MAY AND SYLVIA MAY, Defendants Below, Appellees. No. 31242Supreme Court of Appeals of West Virginia. September 2003 Term.Submitted: October 7, 2003 Filed: November 4, 2003 Appeal from the Circuit Court of Logan County, Honorable Roger L. Perry, Judge, Civil Action […]
Category: West Virginia Supreme Court of Appeals Opinions
NAPIER v. STRATTON, 204 W. Va. 415 (1998)
513 S.E.2d 463 DANNY NAPIER, Plaintiff Below, Appellant v. TIM STRATTON, AN INDIVIDUAL, RANDY BRONSON, AN INDIVIDUAL, AND LOWE’S HOME CENTERS, INC, A FOREIGN CORPORATION, Defendants Below, Appellees. No. 25060.Supreme Court of Appeals of West Virginia. September 1998 Term.Submitted October 7, 1998. Filed December 11, 1998. Appeal from the Circuit Court of Cabell County, Honorable […]
LAMBERT v. INS. CO., 123 W. Va. 547 (1941)
17 S.E.2d 628 YRDORA P. LAMBERT v. METROPOLITAN LIFE INSURANCE COMPANY. No. 9202Supreme Court of Appeals of West Virginia.Submitted September 10, 1941. Decided October 14, 1941. 1. INSURANCE — In a suit or action to recover on an accident insurance policy, the burden of establishing a prima facie case of accidental death or injury rests […]
STATE v. LAMP, 163 W. Va. 93 (1979)
254 S.E.2d 697 STATE OF WEST VIRGINIA v. MICHAEL JAMES LAMP No. 13981Supreme Court of Appeals of West Virginia. Decided May 15, 1979. 1. TRIAL COURT — ADMISSION OF CONFESSIONS “The trial court has a wide discretion as to the admission of confessions and ordinarily this discretion will not be disturbed on review.” Point 5, […]
SUTTON v. SUTTON, 128 W. Va. 290 (1945)
36 S.E.2d 608 GEORGIA L. SUTTON v. THEODORE EMMETT SUTTON No. 9667Supreme Court of Appeals of West Virginia.Submitted September 25, 1945. Decided November 27, 1945. 1. DOMICILE — A person who has long been a resident of this state, but who removes from his dwelling house therein and goes to another state and resides there […]
WILHELM v. WHYTE, 161 W. Va. 67 (1977)
239 S.E.2d 735 WALLACE H. WILHELM v. WILLIAM WHYTE, Superintendent, Huttonsville Correctional Center No. 13978Supreme Court of Appeals of West Virginia. Decided December 20, 1977. 1. CONSTITUTIONAL LAW — EXCULPATORY EVIDENCE “A prosecution that withholds evidence on the demand of an accused, which, if made available would tend to exculpate him, Page 68 violates due […]
IN RE TAX ASSESSMENT OF WOODLANDS, 223 W. Va. 14 (2008)
672 S.E.2d 150 In re: TAX ASSESSMENT OF FOSTER FOUNDATION’S WOODLANDS RETIREMENT COMMUNITY. No. 33891.Supreme Court of Appeals of West Virginia.Submitted: September 3, 2008. Decided: November 5, 2008. Dissenting Opinion of Justice Benjamin January 9, 2009. Appeal from the Circuit Court, Cabell County, John L. Cummings, J. Page 15 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
ALKIRE v. MILI, 116 W. Va. 277 (1935)
180 S.E. 183 STATE ex rel. W. E. ALKIRE v. TONI MILI et al. No. 8058Supreme Court of Appeals of West Virginia.Submitted May 7, 1935. Decided May 21, 1935. JUDGMENT — “In order to set aside a default judgment, regularly obtained by due process of law, the party complaining must show that he has a […]
CHESAPEAKE AND POTOMAC TEL. v. ROSE, 172 W. Va. 452 (1983)
307 S.E.2d 620 The CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF WEST VIRGINIA v. Herschel H. ROSE, III, Tax Commissioner of the State of West Virginia. No. 15704.Supreme Court of Appeals of West Virginia. July 7, 1983. Rehearing Denied October 20, 1983. Syllabus by the Court Income earned from interstate telephone transmissions is not derived from […]
EDMONDSON v. COUNTY COURT, 112 W. Va. 601 (1932)
166 S.E. 117 R. H. EDMONDSON v. THE COUNTY COURT OF HANCOCK COUNTY, a Corporation, et al. No. C.C. 460Supreme Court of Appeals of West Virginia.Submitted September 20, 1932. Decided October 4, 1932. COUNTIES — It is a general rule that suits against a county court must be brought in the courts of law and […]