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 […]
Category: West Virginia Supreme Court of Appeals Opinions
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 […]
ALLEN v. WORKERS’ COMP. COM’R CONSOL. COAL, 173 W. Va. 238 (1984)
314 S.E.2d 401 Richard P. ALLEN v. WORKERS’ COMPENSATION COMMISSIONER AND CONSOLIDATION COAL CO. No. 16047.Supreme Court of Appeals of West Virginia. March 2, 1984. Dissenting Opinion March 9, 1984. Syllabus by the Court 1. Temporary total disability is an inability to return to substantial gainful employment requiring skills or activities comparable to those of […]
BENNETT v. 3 C COAL CO., 180 W. Va. 665 (1989)
379 S.E.2d 388 John BENNETT v. 3 C COAL CO. and Consolidation Coal Co. No. 17962.Supreme Court of Appeals of West Virginia. March 13, 1989. Page 666 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 667 Syllabus by the Court 1. “Whether […]
ADKINS v. WORKERS’ COMPENSATION COM’R, 175 W. Va. 7 (1985)
330 S.E.2d 329 Jay A. ADKINS v. WORKERS’ COMPENSATION COMMISSIONER, and U.S. Steel Mining Co., Inc. No. 16364.Supreme Court of Appeals of West Virginia.Submitted January 17, 1985. Decided May 10, 1985. Page 8 Syllabus by the Court 1. “Where a claimant has properly furnished medical evidence and has been awarded a series of temporary total […]
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, […]