590 S.E.2d 370 CHRISTINE B. PHARES, Plaintiff below, Appellant, v. CHARLES J. BROOKS, Defendant below, Appellee. No. 31236Supreme Court of Appeals of West Virginia. September 2003 TermSubmitted: September 23, 2003 Filed: October 21, 2003 Appeal from the Circuit Court of Mineral County, Honorable Phil Jordan, Civil Action No. 00-C-55 SYLLABUS BY THE COURT 1. “In […]
Category: West Virginia Supreme Court of Appeals Opinions
PARSONS v. MARLAND, Governor,, 140 W. Va. 20 (1954)
82 S.E.2d 183 DAVID PARSONS v. WILLIAM C. MARLAND, Governor, etc., et al. No. 10674Supreme Court of Appeals of West Virginia.Submitted May 11, 1954. Decided June 1, 1954. 1. STATUTES — Chapter 54, Acts of the Legislature, Regular Session, 1939, amending Chapter 18 of the Code of West Virginia by adding thereto Article 7-a; Chapter […]
WATTS v. DEPT. OF HEALTH HUMAN RESOURCES, 195 W. Va. 430 (1995)
465 S.E.2d 887 Doris WATTS, Earlene J. McComas, Plaintiffs Below, Appellees v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES/DIVISION OF HUMAN SERVICES, Defendant Below, Appellant. No. 22655.Supreme Court of Appeals of West Virginia.Submitted September 13, 1995. Decided December 8, 1995. Page 431 Syllabus by the Court 1. “`A final order of the hearing examiner […]
KENNEDY v. KLAMMER, 104 W. Va. 198 (1927)
139 S.E. 713 JOHN T. KENNEDY et als. v. GEORGE KLAMMER No. 5816Supreme Court of Appeals of West Virginia.Submitted September 20, 1927. Decided September 27, 1927. 1. INJUNCTION — Mandatory Injunction Will be Given, Where Right of Applicant is Clear and Necessity Urgent. Relief by mandatory injunction will be given where the right of the […]
IN INTEREST OF BETTY J.W., 179 W. Va. 605 (1988)
371 S.E.2d 326 In the Interest of BETTY J.W., Dorothy N.W., James E.W., Sandra K.W., and Cassie A.W. No. 17482.Supreme Court of Appeals of West Virginia. July 1, 1988. Page 606 Syllabus by the Court 1. “In the law concerning custody of minor children, no rule is more firmly established than that the right of […]
KELLER v. RY. CO., 113 W. Va. 286 (1932)
167 S.E. 448 JESS KELLER v. NORFOLK WESTERN RAILWAY COMPANY et al. No. 7095Supreme Court of Appeals of West Virginia.Submitted September 27, 1932. Decided December 6, 1932. Rehearing denied February 3, 1933. 1. EVIDENCE — Where a witness is used by a party for the special purpose of proving a material fact, he is ordinarily […]
DELONG v. KERMIT LUMBER PRESSURE TREATING, 175 W. Va. 243 (1985)
332 S.E.2d 256 Arvel DELONG, et al. v. KERMIT LUMBER PRESSURE TREATING CO. and Claude Jude. No. 16211.Supreme Court of Appeals of West Virginia.Submitted April 24, 1985 Decided June 27, 1985. Page 244 Syllabus by the Court 1. “`When a verdict does not include elements of damage which are specifically proved in uncontroverted amounts and […]
PEERY v. DAVIS, 135 W. Va. 824 (1951)
65 S.E.2d 291 STATE ex rel. W. R. PEERY v. STAIGE DAVIS, Judge, etc. No. 10379Supreme Court of Appeals of West Virginia.Submitted April 11, 1951. Decided May 22, 1951. 1. JUSTICE OF THE PEACE — Under the provisions of Section 9, Article 15, Chapter 50, Code, an appeal from the judgment of a justice in […]
CLINE v. WHITE, 183 W. Va. 43 (1990)
393 S.E.2d 923 Rufus CLINE and Beulah Cline, et al. v. Honorable Sam WHITE, Judge of the Third Judicial Circuit; Armstrong World Industries, Inc.; Fibreboard Corporation; Flexitalic, Inc.; GAF Corporation; Keene Industries; National Gypsum Company; Owens-Illinois, Inc.; Pittsburg Corning Corporation; Turner Newell PLC; United States Gypsum; Raymark Industries; Celotex; Garlock, Inc.; Ohio Valley Insulating; Nitro […]
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 […]