161 S.E. 566 J. M. MILLER et al v. J. WARREN MILLER et al. No. 7032, 7032-ASupreme Court of Appeals of West Virginia.Submitted November 4, 1931. Decided December 8, 1931. 1. EVIDENCE — Where the burden of proving a controlling fact at issue is upon a litigant and he fails to produce an available, important […]
Category: West Virginia Supreme Court of Appeals Opinions
TRI-STATE ASPHALT v. McDONOUGH CO., 182 W. Va. 757 (1990)
391 S.E.2d 907 TRI-STATE ASPHALT PRODUCTS, INC. v. McDONOUGH COMPANY. No. 18990.Supreme Court of Appeals of West Virginia. April 13, 1990. Page 758 Syllabus by the Court 1. “As a general rule photographs of persons, things, and places, when duly verified and shown by extrinsic evidence to be faithful representations of the objects they purport […]
FLYNN v. YEAGER, 97 W. Va. 38 (1924)
124 S.E. 586 FLYNN et al. v. YEAGER et al. Supreme Court of Appeals of West Virginia.Submitted February 26, 1924. Decided September 9, 1924. LIMITATION OF ACTIONS — Suit for Accounting Suspends Statute of Limitations on Claims of Both Parties. The institution of suit for an accounting between the parties suspends the operation of the […]
BARNES v. COMPENSATION COM’R., 116 W. Va. 9 (1935)
178 S.E. 70 ROBERT BARNES v. STATE COMPENSATION COMMISSIONER No. 8099Supreme Court of Appeals of West Virginia.Submitted January 9, 1935. Decided January 15, 1935. 1. JUSTICES OF THE PEACE — “The maxim of the common law `Nemo debit esse judex in propria causa,’ (No man can be judge in his own case) remains inviolate in […]
ADVERTISING CORP. v. UNION, 138 W. Va. 355 (1953)
76 S.E.2d 113 OHIO VALLEY ADVERTISING CORPORATION, et al. v. UNION LOCAL 207, SIGN PAINTERS, A. F. OF L., et al. No. 10524Supreme Court of Appeals of West Virginia.Submitted April 21, 1953. Decided June 2, 1953. 1. LABOR RELATIONS — The Labor Management Relations Act of 1947 does not divest state courts of their jurisdiction […]
BROWNING v. W.VA. OFF. OF INS. COMMISSIONER, 101121 (W.Va. 10-26-2011)
REDITH J. BROWNING, Petitioner v. WEST VIRGINIA OFFICE OF INSURANCE COMMISSIONER and EPPY’S IV, INC., Respondent. No. 101121Supreme Court of Appeals of West Virginia. Filed: October 26, 2011 BOR Appeal No. 2044141, Claim No. 2009057377. MEMORANDUM DECISION This appeal arises from the West Virginia Workers’ Compensation Board of Review Final Order dated August 10, 2010, […]
HALL v. BAYLOUS, 109 W. Va. 1 (1930)
153 S.E. 293 HALL et al. v. BAYLOUS. No. 6569.Supreme Court of Appeals of West Virginia.Submitted February 18, 1930. Decided March 4, 1930. Rehearing Denied May 31, 1930. 1. Where the construction of a statute is involved in order to interpret the legislative intent, regard must be had to the subject-matter of the statute, its […]
LAMBERT v. BREWSTER, 97 W. Va. 124 (1924)
125 S.E. 244 MRS. F. M. LAMBERT v. T. J. BREWSTER. Supreme Court of Appeals of West Virginia.Submitted May 29, 1924. Decided September 9, 1924. 1. DAMAGES — Wilful Tortfeasor Liable for Natural Consequences, Even Though Unforeseen. One who wilfully commits a tort is liable for the natural consequences thereof, even though such consequences were […]
STATE EX REL. CITIFINANCIAL, INC. v. MADDEN, 223 W. Va. 229 (2008)
672 S.E.2d 365 STATE of West Virginia ex rel. Citifinancial, Inc., Plaintiff Below, Petitioner, v. The Honorable John T. MADDEN, Judge of the Circuit Court of Marshall County, Respondent, and Paul W. Lightner Defendant Below, Respondent. No. 34216.Supreme Court of Appeals of West Virginia.Submitted October 8, 2008. Decided December 10, 2008. Page 230 Appeal from […]
HURLEY v. BEATTIE, 98 W. Va. 125 (1925)
126 S.E. 562 M. J. HURLEY v. A. W. BEATTIE, ADMR., et als No. 4582.Supreme Court of Appeals of West Virginia.Submitted December 11, 1923. Decided February 3, 1925. SPECIFIC PERFORMANCE — Performance of Oral Agreement to Convey Lands, in Consideration of Companionship During Old Age, Held to Authorize Specific Performance of Contract, Despite Nonpossession of […]