292 S.E.2d 621 Velma PAPENHAUS, et al. v. William Robert COMBS. No. 15320.Supreme Court of Appeals of West Virginia. June 22, 1982. Page 212 Syllabus by the Court 1. A witness who is not a party to an action or has no interest in that action, is not precluded by W. Va. Code, 57-3-1 [1937], […]
Category: West Virginia Supreme Court of Appeals Opinions
MARY R v. BILLY, 219 W. Va. 520 (2006)
637 S.E.2d 618 MARY R., Plaintiff Below, Appellee v. BILLY D., Defendant Below, Appellant. No. 32901.Supreme Court of Appeals of West Virginia.Submitted May 23, 2006. Decided June 15, 2006. Appeal from the Circuit Court, Randolph County, John L. Henning, Jr., J. SYLLABUS BY THE COURT 1. “In visitation as well as custody matters, we have […]
M.S.P. v. P.E.P., 178 W. Va. 183 (1987)
358 S.E.2d 442 M.S.P. v. P.E.P. No. 17053.Supreme Court of Appeals of West Virginia. June 5, 1987. Page 184 Syllabus by the Court 1. “The exercise of discretion by a trial court in awarding custody of a minor child will not be disturbed on appeal unless that discretion has been abused; however, where the trial […]
COPLEY v. WEBB, 104 W. Va. 482 (1927)
140 S.E. 325 J. W. COPLEY and IRA MAYNARD v. L. T. WEBB, Adm’r., G. W. HATFIELD et al. No. 5941Supreme Court of Appeals of West Virginia.Submitted November 8, 1927. Decided November 15, 1927. 1. EQUITY — Movant, to Correct Decree Must be Aggrieved by Error he Moves to Correct (Code, c. 134, § 5). […]
GARLOW v. MURPHY, 111 W. Va. 611 (1932)
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” […]
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 […]