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 […]
Category: West Virginia Supreme Court of Appeals Opinions
CALVERT v. SCHARF, 217 W. Va. 684 (2005)
619 S.E.2d 197 James A. CALVERT, Jr., an Individual and as Representative of the Estate of James A. Calvert, Sr., Deceased; Kim Marie Kizer, an Individual; Robin Calvert Boyias, an Individual; and William Carlyle Calvert, an Individual, Plaintiffs Below, Petitioners in No. 31789, Respondents in Nos. 31788 31790, v. William SCHARF, an Individual; And Bowles […]
LAMBERT v. GOODMAN, 147 W. Va. 513 (1963)
129 S.E.2d 138 RALPH FORREST LAMBERT AND MYRTLE FRANCES LAMBERT v. ANDY V. GOODMAN, JR., et al., etc. No. 12170Supreme Court of Appeals of West Virginia.Submitted September 19, 1962. Decided January 15, 1963. 1. TRIAL — When a motion is made for a directed verdict, the court should entertain every reasonable and legitimate inference favorable […]
STATE v. STERNE, 96 W. Va. 360 (1924)
123 S.E. 235 STATE v. BILL STERNE. Supreme Court of Appeals of West Virginia.Submitted April 22, 1924. Decided May 6, 1924. 1. CRIMINAL LAW — Defendant, Who Gave Testimony Before Grand Jury, Incriminating Himself, Was Immune From Prosecution. Where one charged with a violation of ch. 32A of the code, before he is indicted, is […]
STATE v. WHITE, 109 W. Va. 321 (1930)
154 S.E. 768 STATE v. GEORGE W. WHITE et al. No. C. C. 430Supreme Court of Appeals of West Virginia.Submitted September 3, 1930. Decided September 9, 1930. 1. When the law extends to one the privilege of redeeming property from a tax delinquency, it will not suffer him to assume the role of purchaser at […]
STATE v. HARTSHORN, 175 W. Va. 274 (1985)
332 S.E.2d 574 STATE of West Virginia v. Fred HARTSHORN. No. 16299.Supreme Court of Appeals of West Virginia. Decided March 1, 1985. Dissenting Opinion July 9, 1985. Syllabus by the Court 1. Where evidence conclusively establishes that the victim of a sexual assault offered no resistance to his attacker, was neither struck dumb with fear […]
SUPPLY CO. v. DELMAR, 110 W. Va. 560 (1931)
158 S.E. 907 STANNARD SUPPLY COMPANY et al. v. DELMAR COMPANY et al. No. 7005Supreme Court of Appeals of West Virginia.Submitted May 21, 1931. Decided June 2, 1931. 1. JUDGMENT — A decree may be amended, modified or set aside before the end of the term at which it is entered, for during the term […]
ISRAEL v. JONES, 97 W. Va. 173 (1924)
124 S.E. 665 ISRAEL v. JONES. Supreme Court of Appeals of West Virginia.Submitted June 6, 1924. Decided September 16, 1924. CONTRACTS — Right of Action on Contract With Several Persons Jointly Passes on Death of Each to Survivor or Survivors. The right of action on a contract made with several persons jointly passes on the […]
MOORE v. HAMILTON, 151 W. Va. 784 (1967)
155 S.E.2d 877 CHARLES J. MOORE v. JOHN M. HAMILTON, TRUSTEE, et al. No. 12624Supreme Court of Appeals of West Virginia.Submitted May 9, 1967. Decided July 11, 1967. 1. MORTGAGES — POWER OF TRUSTEE TO SELL TRUST SUBJECT. “It is the duty of a trustee not to sell more of a trust subject, than is […]
STATE v. SCOTT, 214 W. Va. 1 (2003)
585 S.E.2d 1 STATE OF WEST VIRGINIA, Plaintiff Below, Appellee v. RYAN FARNSWORTH SCOTT, Defendant Below, Appellant. No. 30692Supreme Court of Appeals of West Virginia. January 2003 Term.Submitted: April 15, 2003 Filed: May 7, 2003 Appeal from the Circuit Court of Wood County, Honorable Jeffrey B. Reed, Judge, Case No. 98-F-91. Page 2 SYLLABUS BY […]