163 S.E. 436 MARY M. GARLOW et al. v. MICHAEL G. MURPHY et al. No. 7078Supreme Court of Appeals of West Virginia.Submitted February 24, 1932. Decided March 1, 1932. 1. PARTITION — In order to warrant a judicial sale of land held in co-tenancy it must affirmatively appear that (1) partition “cannot be conveniently made” […]
Category: West Virginia Supreme Court of Appeals Opinions
LUTZ v. CURRENCE, 96 W. Va. 468 (1924)
123 S.E. 251 LUTZ v. CURRENCE et al. Supreme Court of Appeals of West Virginia.Submitted March 18, 1924. Decided May 20, 1924. 1. LOGS AND LOGGING — Filing of Special Plea in Suit for Breach of Contract Held Properly Allowed. Where an action of assumpsit is brought for the breach of a written contract for […]
MILLER v. MASSACHUSETTS MUT. LIFE INS. CO., 193 W. Va. 240 (1995)
455 S.E.2d 799 William A. MILLER, Plaintiff Below, Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Corporation, and Robert L. Riley, CLU, an Individual, d/b/a Robert L. Riley, CLU and Associates, Defendants Below, Appellees. No. 22241.Supreme Court of Appeals of West Virginia.Submitted January 17, 1995. Decided February 17, 1995. Syllabus by the Court 1. “`When […]
STATE v. SPADAFORE, 159 W. Va. 236 (1975)
220 S.E.2d 655 STATE OF WEST VIRGINIA v. JOHN RICHARD SPADAFORE No. 13503Supreme Court of Appeals of West Virginia. Decided December 16, 1975. 1. CRIMINAL LAW — WITNESSES In a criminal case prior out-of-court statements made by a witness cannot be admitted into evidence for the truth of the matter asserted unless they were made […]
GIBSON v. INSURANCE CO., 117 W. Va. 156 (1936)
184 S.E. 562 RICHARD L. GIBSON v. ST. PAUL FIRE MARINE INSURANCE COMPANY No. 8258Supreme Court of Appeals of West Virginia.Submitted February 11, 1936. Decided February 26, 1936. 1. INSURANCE — Under a policy insuring an owner against loss of his automobile by theft, a clause excluding coverage where the automobile is voluntarily placed by […]
GRO. CO. v. BROWN BROS., 102 W. Va. 181 (1926)
135 S.E. 235 FAYETTE WHOLESALE GROCERY COMPANY et als. v. BROWN BROTHERS et als. No. 5528Supreme Court of Appeals of West Virginia.Submitted September 8, 1926. Decided September 21, 1926. 1. APPLICATION OF STATUTE — Sec. 24, Ch. 53, Code, applied. (p. 184.) 2. LICENSES — Under Blue Sky Law, No Payment in Money on Stock […]
WILLIAMS v. IRVIN, 101 W. Va. 708 (1926)
133 S.E. 390 GEORGE P. WILLIAMS et al., Doing Business, etc. v. CARRIE H. IRVIN No. 5616Supreme Court of Appeals of West Virginia.Submitted May 18, 1926. Decided May 25, 1926. 1. APPEAL AND ERROR — Refusal of Writ of Error to Common Pleas Court by circuit Court, on Ground That no Error is Perceived in […]
WEAVER v. UNION CARBIDE CORP., 180 W. Va. 556 (1989)
378 S.E.2d 105 Nancy WEAVER v. UNION CARBIDE CORPORATION and Suzanne Hallenberg. No. CC981.Supreme Court of Appeals of West Virginia. February 17, 1989. Syllabus by the Court 1. It is generally recognized that sexual intimacy with a patient, induced by a marriage or other counselor, is a form of malpractice permitting recovery of damages for […]
ASBURY v. BURFORD, 115 W. Va. 756 (1934)
177 S.E. 780 R. H. ASBURY v. C. C. BURFORD et al. No. 7971Supreme Court of Appeals of West Virginia.Submitted November 21, 1934. Decided December 22, 1934. DEEDS — Where an aged parent conveys real estate to his daughter and her husband in consideration of support and maintenance to be furnished by the grantees, no […]
STATE v. FRANK SMITH, 97 W. Va. 313 (1924)
125 S.E. 90 STATE v. FRANK SMITH. Supreme Court of Appeals of West Virginia.Submitted September 30, 1924. Decided October 7, 1924. 1. EMBEZZLEMENT — FALSE PRETENSES — LARCENY — Instructions on Larceny, Embezzlement, and False Pretenses Should Not Omit Element of Offense at Time of Crime. To warrant conviction for larceny, embezzlement, or of obtaining […]