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, […]
CHAFIN v. WELLMAN, 156 W. Va. 236 (1972)
192 S.E.2d 490 TOM C. CHAFIN, et al. v. HUGH WELLMAN, et al. No. 13265Supreme Court of Appeals of West Virginia.Submitted October 20, 1972. Decided November 14, 1972. 1. APPEAL AND ERROR — Where a court consists of multiple members and is equally divided, the last official ruling on the matter in question is affirmed. […]
STATE v. OXIER, 179 W. Va. 431 (1988)
369 S.E.2d 866 STATE of West Virginia v. James M. OXIER. No. 17696.Supreme Court of Appeals of West Virginia. March 31, 1988. Dissenting Opinion June 28, 1988. Rehearing Denied July 21, 1988. Syllabus by the Court “Article III, Section 5 of the West Virginia Constitution, which contains the cruel and unusual punishment counterpart to the […]
STATE v. BLANKENSHIP, 198 W. Va. 290 (1996)
480 S.E.2d 178 STATE of West Virginia, Appellee, v. Scott E. BLANKENSHIP, Appellant. No. 23114.Supreme Court of Appeals of West Virginia.Submitted April 30, 1996. Decided December 10, 1996. Page 291 Syllabus by the Court 1. An instruction which informs the jury that it can return a verdict of guilty of a crime charged in the […]
MATERIAL CO. v. BARRACK, 118 W. Va. 608 (1937)
191 S.E. 368 PARKERSBURG BUILDERS MATERIAL COMPANY et al. v. DAN BARRACK No. 8537Supreme Court of Appeals of West Virginia.Submitted April 21, 1937. Decided May 11, 1937. NUISANCE — Where a section of a city is not a clearly established residential community, equity will not be warranted in excluding therefrom as a nuisance an automobile […]
LONG CO. v. BURDETT, Sec. of State,, 147 W. Va. 177 (1962)
126 S.E.2d 181 THE W. E. LONG O.-INDEPENDENT BAKERS’ COOPERATIVE, et al. v. JOE F. BURDETT, SECRETARY OF STATE OF WEST VIRGINIA No. 12171Supreme Court of Appeals of West Virginia.Submitted May 15, 1962. Decided June 26, 1962. 1. TRADE-MARK — TRADE REGULATION — The unambiguous and mandatory provisions of Section 2, Article 2, Chapter 47, […]
McCLUNG v. B.O.E., 213 W. Va. 606 (2003)
584 S.E.2d 240 ROBERT MCCLUNG, Plaintiff Below, Appellant v. THE BOARD OF EDUCATION OF THE COUNTY OF NICHOLAS, Defendant Below, Appellee. No. 31032Supreme Court of Appeals of West Virginia. January 2003 Term.Submitted: May 20, 2003 Filed: July 3, 2003 Appeal from the Circuit Court of Kanawha County Honorable Irene C. Berger, Judge Civil Action No. […]