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 […]
Category: West Virginia Supreme Court of Appeals Opinions
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.” […]
HENDRICKS v. W.VA. OFF. OF INS. COMMISSIONER, 101122 (W.Va. 10-26-2011)
JERRY L. HENDRICKS, Petitioner v. WEST VIRGINIA OFFICE OF INSURANCE COMMISSIONER, and BAYLOR MINING, INC., Respondent. No. 101122Supreme Court of Appeals of West Virginia. Filed: October 26, 2011 BOR Appeal No. 2044130, Claim No. 2001004246. MEMORANDUM DECISION This appeal arises from the West Virginia Workers’ Compensation Board of Review Final Order dated August 10, 2010, […]
STATE v. LINDSEY, 160 W. Va. 284 (1977)
233 S.E.2d 734 STATE OF WEST VIRGINIA v. ROBERT LINDSEY No. 13701Supreme Court of Appeals of West Virginia. Decided April 5, 1977. 1. CRIMINAL LAW — JURY — EVIDENCE It is the duty of the jury to determine the guilt or innocence of the accused in accordance with the evidence introduced at the trial and […]
BAUGHMAN v. WAL-MART STORES, INC., 215 W. Va. 45 (2003)
592 S.E.2d 824 STEPHANIE D. BAUGHMAN, individually and on behalf of all similarly situated individuals, Plaintiff Below, Appellant v. WAL-MART STORES, INC., Defendant Below, Appellee. No. 31312Supreme Court of Appeals of West Virginia. September 2003 Term.Submitted: November 18, 2003 Filed: December 4, 2003 Page 46 Appeal from the Circuit Court of Harrison County, Hon. James […]
MYERS v. TRANSIT CO., 128 W. Va. 564 (1946)
37 S.E.2d 281 DELL MYERS v. CHARLESTON TRANSIT CO. No. 9742Supreme Court of Appeals of West Virginia.Submitted January 29, 1946. Decided March 5, 1946. 1. AUTOMOBILES — In an action of trespass on the case it is error to instruct the jury that it is the duty of the defendant only to maintain a lookout […]
WEST VA. DEPT. OF HIGHWAYS v. MOUNTAIN, 167 W. Va. 202 (1981)
279 S.E.2d 192 WEST VIRGINIA DEPARTMENT OF HIGHWAYS, a corporation v. MOUNTAIN INC., An Ohio Corporation, et al. and WHEELING PROPERTIES, INC., a corporation No. 14883Supreme Court of Appeals of West Virginia. Decided June 16, 1981. 1. EVIDENCE — PURCHASE PRICE OF PROPERTY In an eminent domain proceeding to take private property for public use […]