349 S.E.2d 443 Leonard UNDERWOOD and Walter Price, III, Etc. v. The COUNTY COMMISSION OF KANAWHA COUNTY, Etc. No. 17289.Supreme Court of Appeals of West Virginia. October 2, 1986. Page 741 Syllabus by the Court 1. “It is well established that the word “shall,” in the absence of language in the statute showing a contrary […]
Category: West Virginia Supreme Court of Appeals Opinions
GENERAL ELECTRIC CREDIT CORPARATION v. FIELDS, 148 W. Va. 176 (1963)
133 S.E.2d 780 GENERAL ELECTRIC CREDIT CORPORATION v. BOBBY E. FIELDS, et al. No. 12226Supreme Court of Appeals of West Virginia.Submitted September 24, 1963. Decided December 10, 1963. 1. PRINCIPAL AND AGENT — INJURY — ESTOPPEL — One who by his acts or conduct has permitted another to act apparently or ostensibly as his agent, […]
STATE ex rel. ELLIOTT v. ADAMS, 155 W. Va. 110 (1971)
181 S.E.2d 276 STATE ex rel. ANNA MAE ELLIOTT and MARTIN D. REITER v. JACK R. ADAMS, et al., COUNCILMEN OF THE CITY OF WHEELING, etc. No. 13051Supreme Court of Appeals of West Virginia.Submitted April 20, 1971. Decided May 25, 1971. 1. MANDAMUS — “Mandamus is the proper remedy to compel a city council to […]
McCORMICK v. ALLSTATE INS. CO., 194 W. Va. 82 (1995)
459 S.E.2d 359 Donald C. McCORMICK, Plaintiff Below, Appellant, v. ALLSTATE INSURANCE COMPANY and David Dailey, Defendants Below, Appellees. No. 22551.Supreme Court of Appeals of West Virginia.Submitted May 10, 1995. Decided June 15, 1995. Syllabus by the Court 1. “A court of limited appellate jurisdiction is obliged to examine its own power to hear a […]
COUNTY COURT v. PARTLOW, 130 W. Va. 777 (1947)
45 S.E.2d 506 STATE ex rel. THE COUNTY COURT OF MERCER COUNTY, A Corporation v. IRA J. PARTLOW, Attorney General of West Virginia No. 9986Supreme Court of Appeals of West Virginia.Submitted September 23, 1947. Decided November 25, 1947. 1. COUNTY BONDS — A proposed issue of county bonds, authorized by the county court and approved […]
EDDY v. BOARD, 116 W. Va. 698 (1935)
182 S.E. 870 CHARLES E. EDDY v. WEST VIRGINIA BOARD OF OPTOMETRY et al. No. 8339Supreme Court of Appeals of West Virginia.Submitted November 23, 1935. Decided December 10, 1935. 1. PHYSICIANS AND SURGEONS — A notice, which, after advising a practicing optometrist that he is operating in violation of law, sets out facts sufficient in […]
WEST VA. DENTAL EXM’RS. v. STORCH, 146 W. Va. 662 (1961)
122 S.E.2d 295 WEST VIRGINIA BOARD OF DENTAL EXAMINERS v. JOHN STORCH No. 12095Supreme Court of Appeals of West Virginia.Submitted September 19, 1961. Decided October 31, 1961. 1. APPEAL AND ERROR — The general rule, subject to certain exceptions, is that appeals will be dismissed where there is no actual controversy existing between the parties […]
STATE v. WILKINSON, 181 W. Va. 126 (1989)
381 S.E.2d 241 STATE of West Virginia v. Guy F. WILKINSON. No. 18634.Supreme Court of Appeals of West Virginia. May 16, 1989. Page 127 Syllabus by the Court “A motion for continuance is addressed to the sound discretion of the trial court, and its ruling will not be disturbed on appeal unless there is a […]
COUNTY COURT v. HALL, 99 W. Va. 1 (1925)
128 S.E. 234 COUNTY COURT OF MARION COUNTY v. LON HALL, DAVE TOOTHMAN AND AUDIE B. TOOTHMAN No. 5127Supreme Court of Appeals of West Virginia.Submitted June 16, 1924. Decided April 14, 1925. 1. HIGHWAYS — Act Revising and Re-enacting Road Law Repealed Provision as to Alteration; County Road Once Established Continues as Such Until Vacated […]
STATE v. JOHNSON, 168 W. Va. 45 (1981)
282 S.E.2d 609 STATE OF WEST VIRGINIA v. PATRICIA JOHNSON No. 14622Supreme Court of Appeals of West Virginia. Decided July 29, 1981. 1. CRIMINAL LAW — INSTRUCTION ADEQUATELY COVERED BY ANOTHER “It is not error to refuse to give an instruction to the jury, though it states a correct and applicable principle of law, if […]