380 S.E.2d 43 AMERICAN FEDERATION OF STATE, COUNTY and MUNICIPAL EMPLOYEES, et al. v. CIVIL SERVICE COMMISSION OF WEST VIRGINIA, et al. No. 17929.Supreme Court of Appeals of West Virginia. March 28, 1989. Page 9 Syllabus by the Court 1. To the extent that the Civil Service Commission back pay policy promulgated on July 20, […]
Category: West Virginia Supreme Court of Appeals Opinions
STATE v. BOWMAN, 180 W. Va. 196 (1988)
375 S.E.2d 829 STATE of West Virginia v. Robert Fay BOWMAN. No. 18411.Supreme Court of Appeals of West Virginia. December 21, 1988. Syllabus by the Court “Where a probation violation is contested, the State must establish the violation Page 197 by a clear preponderance of the evidence.” Syl. pt. 4, Sigman v. Whyte, 165 W. […]
MAXEY v. McDOWELL COUNTY B.O.E, 212 W. Va. 668 (2002)
575 S.E.2d 278 MARJORIE J. MAXEY, Petitioner Below, Appellant v. McDOWELL COUNTY BOARD OF EDUCATION, Respondent Below, Appellee. No. 30440Supreme Court of Appeals of West Virginia. September 2002 Term.Submitted: September 17, 2002 Filed: December 3, 2002 Dissenting Opinion Added December 6, 2002. Concurring Opinion Added December 13, 2002. Appeal from the Circuit Court of McDowell […]
CUMMINGS v. CUMMINGS, 170 W. Va. 712 (1982)
296 S.E.2d 542 Marie CUMMINGS v. George CUMMINGS. No. 14673.Supreme Court of Appeals of West Virginia. June 23, 1982. Syllabus by the Court 1. “In a divorce suit the finding of fact of a trial chancellor based on conflicting evidence will not be disturbed on appeal unless it is clearly wrong or against the preponderance […]
CARDEN v. COUNTY COURT, 110 W. Va. 195 (1931)
157 S.E. 411 LOUISE CARDEN v. THE COUNTY COURT OF NICHOLAS COUNTY No. C.C. 441Supreme Court of Appeals of West Virginia.Submitted February 24, 1931. Decided March 3, 1931. EMINENT DOMAIN — Under section 31, chapter 6, Acts of the Legislature of 1923, amending and re-enacting section 31, chapter 43, Code of 1923, a county court […]
LIPSCOMB v. JOPLIN, 131 W. Va. 302 (1948)
47 S.E.2d 221 STATE ex rel. CYNTHIA ELLEN LIPSCOMB v. RUTH JOPLIN, et al. No. 10034Supreme Court of Appeals of West Virginia.Submitted February 24, 1948. Decided March 16, 1948. 1. HABEAS CORPUS — A petition in a proceeding in habeas corpus, involving the custody of an infant, is addressed to the sound discretion of the […]
CONNOR v. HARRIS, 100 W. Va. 313 (1925)
130 S.E. 281 ZELL CONNOR v. W. T. HARRIS, et al. No. 5311Supreme Court of Appeals of West Virginia.Submitted October 20, 1925. Decided November 3, 1925. 1. PARENT AND CHILD — Welfare of Child is to be Regarded More Than Technical Legal Rights of Mother to its Custody. While the mother, where the father is […]
IN RE WILLIS, 157 W. Va. 225 (1973)
207 S.E.2d 129 In Re: THE MATTER OF RONALD LEE WILLIS No. 13379Supreme Court of Appeals of West Virginia.Submitted October 9, 1973. Decided December 11, 1973. Dissenting Opinion July 29, 1974. 1. CUSTODY OF INFANTS — In the law concerning custody of minor children, no rule is more firmly established than that the right of […]
STATE v. KAUFMAN, 213 W. Va. 718 (2003)
584 S.E.2d 574 STATE OF WEST VIRGINIA EX REL. BELL BANDS, PLLC, Petitioner v. THE HONORABLE TOD J. KAUFMAN, JUDGE OF THE CIRCUIT COURT OF KANAWHA COUNTY, AND LORI SIMPSON DAVIS AND DAVIS LAW OFFICES, PLLC, Respondents. No. 31265Supreme Court of Appeals of West Virginia. January 2003 Term.Submitted: June 17, 2003 Filed: June 30, 2003 […]
STATE v. SIMMONS, 168 W. Va. 400 (1981)
285 S.E.2d 136 STATE OF WEST VIRGINIA v. GARRY L. SIMMONS No. 15018Supreme Court of Appeals of West Virginia. Decided December 10, 1981. 1. ROBBERY — INTENT TO STEAL “Animus furandi, or the intent to steal or to feloniously deprive the owner permanently of his property, is an essential element in the crime of robbery.” […]