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Masthead Volume 61, Issue 1 Dec 1958

Masthead Volume 61, Issue 1

West Virginia Law Review

No abstract provided.


Constitutional Law--Delegation Of Legislative Power--Time Fixing Statute, L. S. D. Dec 1958

Constitutional Law--Delegation Of Legislative Power--Time Fixing Statute, L. S. D.

West Virginia Law Review

No abstract provided.


Business Records As Evidence In West Virginia, R. M. Jun 1958

Business Records As Evidence In West Virginia, R. M.

West Virginia Law Review

No abstract provided.


The Inadequate Award In West Virginia, C. H. B. Jr. Jun 1958

The Inadequate Award In West Virginia, C. H. B. Jr.

West Virginia Law Review

No abstract provided.


Evidence--Res Gestae--Spontaneous Declarations, J. D. Mcd. Jun 1958

Evidence--Res Gestae--Spontaneous Declarations, J. D. Mcd.

West Virginia Law Review

No abstract provided.


Landlord And Tenant--Condemnation--Termination Of Lease, J. E. J. Jun 1958

Landlord And Tenant--Condemnation--Termination Of Lease, J. E. J.

West Virginia Law Review

No abstract provided.


Heritage Of Freedom By Judge Ben Moore, Stanley C. Morris Jun 1958

Heritage Of Freedom By Judge Ben Moore, Stanley C. Morris

West Virginia Law Review

No abstract provided.


Copyrights: A Thumbnail Sketch, C. R. S. Jun 1958

Copyrights: A Thumbnail Sketch, C. R. S.

West Virginia Law Review

No abstract provided.


Property In The Goods Under West Virginia Law, L. P. P. Apr 1958

Property In The Goods Under West Virginia Law, L. P. P.

West Virginia Law Review

No abstract provided.


Scope Of Authority Of The County Court And The Commissioner Of Accounts In The Probate Of Estates, I. A. P. Apr 1958

Scope Of Authority Of The County Court And The Commissioner Of Accounts In The Probate Of Estates, I. A. P.

West Virginia Law Review

The scope of authority of the county court and its commissioner of accounts in regard to the probate of estates seems to have caused a great deal of consternation of late among the lawyers of West Virginia. This note makes no attempt to clarify that confusion, but serves only to put into print the problem as it exists today. Any clarification must necessarily be made by the West Virginia Legislature.


Constitutional Law--Witnesses--Privilege Against Self-Incrimination, C. R. S. Apr 1958

Constitutional Law--Witnesses--Privilege Against Self-Incrimination, C. R. S.

West Virginia Law Review

No abstract provided.


Criminal Law--Double Jeopardy--Waiver Theory Disapproved, J. E. J. Apr 1958

Criminal Law--Double Jeopardy--Waiver Theory Disapproved, J. E. J.

West Virginia Law Review

No abstract provided.


Evidence--Wire Tapping--Admissibility Of Matter Illegally Obtained, R. G. D. Apr 1958

Evidence--Wire Tapping--Admissibility Of Matter Illegally Obtained, R. G. D.

West Virginia Law Review

No abstract provided.


Suggestions For Simplification Of Criminal Procedure, Harlan M. Calhoun Feb 1958

Suggestions For Simplification Of Criminal Procedure, Harlan M. Calhoun

West Virginia Law Review

At this time when we have under consideration a proposal for simplification of procedure in order to facilitate the trial or hearing of civil cases, it may be significant to some degree that no similar proposal has been made in relation to the procedural machinery for trial of criminal cases. For the vast majority of our number, simplification of civil procedure would affect only a portion of our work. It may be that reform of civil procedure enlists the greater degree of attention because so much thereof is promoted and fostered by the bar organizations, many of whose most active …


Ben Avon South Of The Border, William Andrew Kerr Feb 1958

Ben Avon South Of The Border, William Andrew Kerr

West Virginia Law Review

No abstract provided.


Liquid Manure Conservation And Use, A. D. Longhouse, O. J. Burger, H. O. Henderson Jan 1958

Liquid Manure Conservation And Use, A. D. Longhouse, O. J. Burger, H. O. Henderson

West Virginia Agricultural and Forestry Experiment Station Bulletins

No abstract provided.


Design And Construction Of A Torsion Dynamometer, P. John Zachariah, Ross A. Phillips Jan 1958

Design And Construction Of A Torsion Dynamometer, P. John Zachariah, Ross A. Phillips

West Virginia Agricultural and Forestry Experiment Station Bulletins

No abstract provided.


Parasitism Of Calcarisporium Parasiticum On Species Of Physalospora And Related Fungi, H. L. Barnett, Virgil Greene Lilly Jan 1958

Parasitism Of Calcarisporium Parasiticum On Species Of Physalospora And Related Fungi, H. L. Barnett, Virgil Greene Lilly

West Virginia Agricultural and Forestry Experiment Station Bulletins

No abstract provided.


Mandamus To Review Administrative Action In West Virginia, Ray Jay Davis Dec 1957

Mandamus To Review Administrative Action In West Virginia, Ray Jay Davis

West Virginia Law Review

Limitation by law of governmental action and legal responsibility of officials are ramparts in defense of constitutional democracy. The American people expect all branches of government-executive and legislative, as well as judicial-to protect us against arbitrary official action. Lawyers, however, are primarily interested in judicial restraints and limitations upon officialdom. This article is an examination of the West Virginia law concerning one of the methods used by courts to control administrative officers-the writ of mandamus.


Municipal Corporations--Repayment Of Advances From Proceeds Of Revenue Bonds Not Within Debt Limitations, J. C. W. Jr. Dec 1957

Municipal Corporations--Repayment Of Advances From Proceeds Of Revenue Bonds Not Within Debt Limitations, J. C. W. Jr.

West Virginia Law Review

No abstract provided.


Negligence--Proximate Cause--Foreseeability Of Specific Injury, J. S. T. Dec 1957

Negligence--Proximate Cause--Foreseeability Of Specific Injury, J. S. T.

West Virginia Law Review

No abstract provided.


"Exclusive" Jurisdiction Of The Juvenile Courts, L. L. P. Jun 1957

"Exclusive" Jurisdiction Of The Juvenile Courts, L. L. P.

West Virginia Law Review

The Attorney General of West Virginia, in a recently released opinion, takes the position that the child welfare provisions of the West Virginia Code, as amended, do not preclude criminal prosecution of juveniles in the circuit courts or other courts having criminal jurisdiction. The importance of the opinion and its possible effect on the future handling of criminal charges against juveniles require a close examination of the juvenile court provisions of the Code and the cases interpreting them.


View By A Judge Sitting In Lieu Of A Jury, R. W. F. Jun 1957

View By A Judge Sitting In Lieu Of A Jury, R. W. F.

West Virginia Law Review

As stated by Dean Thomas P. Hardman in his article on the evidentiary effect of views, the question whether a judge may have a view and whether what the judge observes upon a view is usable as substantive evidence, has never been judicially decided in West Virginia. However, recently in the case of Westover Volunteer Fire Department v. Barker2 hereinafter referred to as the principal case, the Supreme Court of Appeals of West Virginia was, to a very limited extent, presented with those questions. Because there are today a great number of cases in which the judge sits as the …


Infants--Equitable Procedure For Determining And Ordering Custody Of A Neglected Child, G. W. H. Jr. Jun 1957

Infants--Equitable Procedure For Determining And Ordering Custody Of A Neglected Child, G. W. H. Jr.

West Virginia Law Review

No abstract provided.


Discovery And Inspection In Federal Criminal Procedure, Lester B. Orfield Apr 1957

Discovery And Inspection In Federal Criminal Procedure, Lester B. Orfield

West Virginia Law Review

No abstract provided.


Contributory Negligence--Instructions, L. L. P. Apr 1957

Contributory Negligence--Instructions, L. L. P.

West Virginia Law Review

No abstract provided.


States--Constitutional Debt Limitation--Issuance Of Revenue Bonds Secured By Pledge Of University Tuition Fees, R. M. Feb 1957

States--Constitutional Debt Limitation--Issuance Of Revenue Bonds Secured By Pledge Of University Tuition Fees, R. M.

West Virginia Law Review

No abstract provided.


Insurance--Accidental Death--Notice To Insurer, L. L. P. Feb 1957

Insurance--Accidental Death--Notice To Insurer, L. L. P.

West Virginia Law Review

No abstract provided.


The Doctrine Of Precedent As Applied To Administrative Decisions, Ray Jay Davis Feb 1957

The Doctrine Of Precedent As Applied To Administrative Decisions, Ray Jay Davis

West Virginia Law Review

When the Twentieth Century acceleration of administrative dispensation of justice has come criticism of procedures followed by administrative agencies. Many complaints focus upon procedural differences between administrative and judicial adjudication, considering the latter as the acceptable norm and any deviation therefrom by administrative officials as erroneous. One such objection is that administrative tribunals do not adhere to the Anglo-American doctrine of precedent; that, instead of acting in accord with generalizations gleaned from their previous adjudications, they treat each case as a single, unique instance. Criticism of this sort presupposes that the same values served by judicial adherence to precedent are …


West Virginia Indeterminate Sentence And Parole Laws, Londo H. Brown Feb 1957

West Virginia Indeterminate Sentence And Parole Laws, Londo H. Brown

West Virginia Law Review

While this part of the study is supposed to be a study of West Virginia's indeterminate sentence law, it is in reality a study of this state's indeterminate sentence and parole laws. No indeterminate sentence law can be of value unless it is correlated to an adequate parole law, and, it is said, no parole law can be of full value unless it is used in conjunction with an indeterminate sentence law. At the outset several generalities may be set forth. There is no perfect answer to the penal problem. When men and women must be deprived of their liberty …