516 S.E.2d 38 JULIA K. McCAMMON, M.D., FACOG, Plaintiff v. BRADLEY R. OLDAKER, ESQUIRE; FRANK VENEZIA, ESQUIRE; E. WILLIAM HARVIT, ESQUIRE; AND STERL SHINABERRY, ESQUIRE, Defendants. No. 25443Supreme Court of Appeals of West Virginia. January 1999 Term.Submitted: March 23, 1999 Filed: June 1, 1999 Certified Questions from the Circuit Court of Harrison County Honorable Thomas […]
Category: West Virginia Supreme Court of Appeals Opinions
HOLIDAY PLAZA v. FIRST FED. SAV. LOAN, 168 W. Va. 356 (1981)
285 S.E.2d 131 HOLIDAY PLAZA, INC. v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLARKSBURG, AND THE LOWNDES BANK No. 14659Supreme Court of Appeals of West Virginia. Decided December 2, 1981. EVIDENCE — PAROL STATEMENTS — CONTRACTS Prior or contemporaneous parol statements may not be admitted to vary written contracts, but may be admitted to […]
GRAY v. POWELL, 102 W. Va. 440 (1926)
136 S.E. 40 ALEX GRAY AND R. M. WAYMAN v. R. H. POWELL AND E. O’TOOLE, JR. No. 5636Supreme Court of Appeals of West Virginia.Submitted October 19, 1926. Decided October 26, 1926. NEW TRIAL — To Justify Granting New Trial on Ground of Newly Discovered Evidence, It Must Appear Such Evidence is Material and Such […]
STATE v. MILLER, 104 W. Va. 226 (1927)
139 S.E. 711 STATE, which sues, etc. v. WILLIAM E. MILLER et al. Nos. 5657-5658Supreme Court of Appeals of West Virginia.Submitted September 20, 1927. Decided September 27, 1927. 1. SHERIFFS AND CONSTABLES — In Tenant’s Action Against Constable and Surety for Injuries While Executing Distress Warrant, Charge That Injuries Were Inflicted on Day Subsequent to […]
STATE v. MEGAN, 222 W. Va. 729 (2008)
671 S.E.2d 734 STATE of West Virginia, Plaintiff Below, Appellee v. MEGAN S., Defendant Below, Appellant. No. 33831.Supreme Court of Appeals of West Virginia.Submitted September 23, 2008. Decided November 7, 2008. Appeal from the Circuit Court, Wood County, J.D. Beane, J. Page 730 Syllabus by the Court 1. “The function of an appellate court when […]
NATIONWIDE MUT. INS. CO. v. SMITH, et al.,, 153 W. Va. 817 (1970)
172 S.E.2d 708 NATIONWIDE MUTUAL INSURANCE COMPANY, a Corporation v. GLENN L. SMITH, et al. No. 12869Supreme Court of Appeals of West Virginia.Submitted February 10, 1970. Decided March 10, 1970. 1. CHECKS — DEBTS — PAYMENTS — “In ordinary transactions, a check given by a debtor in payment of his indebtedness to the payee does […]
FAIRMONT GENERAL v. UNITED HOSP., 218 W. Va. 360 (2005)
624 S.E.2d 797 FAIRMONT GENERAL HOSPITAL, INC. Petitioner Below, Appellee, v. UNITED HOSPITAL CENTER, INC., and West Virginia United Health System, Inc., Respondents Below, Appellants, and West Virginia Health Care Authority, Respondent Below, Appellant. No. 32669, 32670.Supreme Court of Appeals of West Virginia.Submitted: October 5, 2005. Filed: November 29, 2005. Appeal from the Cirucit Court, […]
TETRICK v. McINTIRE, 110 W. Va. 529 (1931)
158 S.E. 733 GEORGE F. TETRICK v. THORNTON F. McINTIRE et al. No. 6894Supreme Court of Appeals of West Virginia.Submitted May 19, 1931. Decided May 26, 1931. 1. FRAUDULENT CONVEYANCES — The bare verbal promise of a husband to compensate his wife for services rendered in the household to his children by a former marriage […]
STATE v. MARTIN, 120 W. Va. 229 (1938)
197 S.E. 727 STATE OF WEST VIRGINIA v. FRANK MARTIN No. 8735Supreme Court of Appeals of West Virginia.Submitted April 26, 1938. Decided June 14, 1938. CRIMINAL LAW — In a felony case the accused must be present in person from the inception of the trial on the indictment to the final judgment, when anything is […]
TSUTRAS v. WILLIAMSON, 132 W. Va. 22 (1948)
51 S.E.2d 427 TSUTRAS AUTOMATIC PHONOGRAPH COMPANY v. THE CITY OF WILLIAMSON, etc., et al. No. 10012Supreme Court of Appeals of West Virginia.Submitted September 14, 1948. Decided September 28, 1948. MUNICIPALITIES — In the absence of statutory restrictions, the power of a municipality to impose a license tax on a business or activity greater in […]