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 HIGHWAYS — Act Revising and Re-enacting Road Law Repealed Provision as to Alteration; County Road Once Established Continues as Such Until Vacated […]
Category: West Virginia Supreme Court of Appeals Opinions
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 […]
HALL v. GAS CO., 111 W. Va. 594 (1932)
163 S.E. 61 HARVEY A. HALL v. RESERVE GAS COMPANY No. 7088Supreme Court of Appeals of West Virginia.Submitted February 17, 1932. Decided February 23, 1932. REFORMATION OF INSTRUMENTS — A bill for reformation of a contract is demurrable which fails to show what the real agreement was, what the agreement as reduced to writing was, […]
STATE v. BIAS, 171 W. Va. 687 (1983)
301 S.E.2d 776 STATE of West Virginia v. Henry BIAS. No. 15636.Supreme Court of Appeals of West Virginia. March 25, 1983. Page 688 Syllabus by the Court 1. “In the determination of a claim that an accused was prejudiced by ineffective assistance of counsel violative of Article III, Section 14 of the West Virginia Constitution […]
JEFFERSON CTY. BD. OF EDUC. v. EDUC. ASS’N, 183 W. Va. 15 (1990)
393 S.E.2d 653 JEFFERSON COUNTY BOARD OF EDUCATION v. JEFFERSON COUNTY EDUCATION ASSOCIATION and Betty Jo Walter, its President; and XYZ, Being All Other Officers and Members of the Jefferson County Education Association; Thomas Lange, Individually and as Representative of the Class of all Other Unknown Persons Who are Professional Employees of the Jefferson County […]
LOAN ASSOCIATION v. SMITH, 114 W. Va. 284 (1933)
171 S.E. 650 THE BUCKEYE SAVINGS LOAN ASSOCIATION OF BELLAIRE, OHIO, v. WILLIAM D. SMITH No. 7700Supreme Court of Appeals of West Virginia.Submitted November 2, 1933. Decided November 7, 1933. CONSTITUTIONAL LAW — Chapter 34, Acts 1933, requiring the trustee in a trust deed to report a sale thereunder to the circuit court (or the […]
FLEMING v. HARTRICK, 105 W. Va. 135 (1928)
141 S.E. 628 WALTER W. FLEMING, Exr. of SARAH E. FLEMING, Deceased v. GEORGE A. HARTRICK No. 6004Supreme Court of Appeals of West Virginia.Submitted January 17, 1928. Decided February 7, 1928. TRIAL — Jury Should Not be Apprised of Fact That Defendant Automobile Owner is Protected by Indemnity Insurance; Plaintiff’s Action in Apprising Jury That […]
KESLING v. MOORE, 102 W. Va. 251 (1926)
135 S.E. 246 W. B. KESLING et al. v. CLARENCE F. MOORE, AND C. E. CAIN. No. 5811Supreme Court of Appeals of West Virginia.Submitted September 21, 1926. Decided September 28, 1926. 1. COUNTIES — SCHOOLS AND SCHOOL DISTRICTS — Under Statute Prescribing Procedure for Removal of County and District Officers, Application for Appeal Must be […]
BONIEY v. KUCHINSKI, 223 W. Va. 486 (2009)
677 S.E.2d 922 Jennifer BONIEY, Plaintiff Below, Appellee v. Brian KUCHINSKI, Defendant Below, Appellee State Farm Mutual Automobile Insurance Company, Appellant. No. 34152.Supreme Court of Appeals of West Virginia.Submitted March 24, 2009. Decided May 14, 2009. Appeal from the Circuit Court, Brooke County, Arthur M. Recht, J. Page 487 Syllabus by the Court 1. “Where […]
LANE, et al. v. WILLIAMS, et al.,, 150 W. Va. 96 (1965)
144 S.E.2d 234 MARSHALLENE LANE et al. v. ROY WILLIAMS et al. No. 12457Supreme Court of Appeals of West Virginia.Submitted September 14, 1965. Decided October 5, 1965. ACTIONS — RES JUDICATA — ESTOPPEL — Plaintiffs in a civil action are not precluded, on the basis of res judicata or estoppel, from maintaining a second action […]