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Articles 1 - 29 of 29

Full-Text Articles in Law

Absolute Liability--Blasting--Damages By Concussion And Vibration, W. O. S. Dec 1951

Absolute Liability--Blasting--Damages By Concussion And Vibration, W. O. S.

West Virginia Law Review

No abstract provided.


Service Of Process In Delinquent Lands Proceeding---A Suit That Is Not A Suit, Clyde L. Colson Dec 1951

Service Of Process In Delinquent Lands Proceeding---A Suit That Is Not A Suit, Clyde L. Colson

West Virginia Law Review

No abstract provided.


Masthead Volume 54, Issue 1 Dec 1951

Masthead Volume 54, Issue 1

West Virginia Law Review

No abstract provided.


Determination Of The Appropriate Unit For Collective Bargaining, Jerome Ackerman, Lawrence A. Sullivan Dec 1951

Determination Of The Appropriate Unit For Collective Bargaining, Jerome Ackerman, Lawrence A. Sullivan

West Virginia Law Review

The provisions of Section 9 of the National Labor Relations Act, as amended, establish a procedure for ascertaining the identity of the representatives of employees with whom an employer will be required to engage in collective bargaining. The ultimate issue of identity involves two component questions of fact: (1) What is the appropriate unit and (2) What union, if any, do a majority of employees within that unit prefer? While the latter issue is resolved through the relatively simple process of an election, the former is more complex. It requires the NLRB to appraise a wide variety of evidential materials …


Process In Forfeited And Delinquent Land Suits---A Moot Question?, George G. Bailey Dec 1951

Process In Forfeited And Delinquent Land Suits---A Moot Question?, George G. Bailey

West Virginia Law Review

No abstract provided.


Administrative Law--Finality Of Findings By Administrative Body--Burden Of Proof In Death Cases Before Workmen's Compensation Appeal Board, S. F. B. Dec 1951

Administrative Law--Finality Of Findings By Administrative Body--Burden Of Proof In Death Cases Before Workmen's Compensation Appeal Board, S. F. B.

West Virginia Law Review

No abstract provided.


Adverse Possession-Effect Of Severance Of Minerals After Adverse Possession Commenced, R. L. H. Jr. Dec 1951

Adverse Possession-Effect Of Severance Of Minerals After Adverse Possession Commenced, R. L. H. Jr.

West Virginia Law Review

No abstract provided.


Assumpsit--Common Counts--Action By Assignee, C. M. H. Jr. Dec 1951

Assumpsit--Common Counts--Action By Assignee, C. M. H. Jr.

West Virginia Law Review

No abstract provided.


Deeds--Recital Of Consideration--Applicable Statute, C. H. B. Dec 1951

Deeds--Recital Of Consideration--Applicable Statute, C. H. B.

West Virginia Law Review

No abstract provided.


Infants--En Ventre Sa Mere--As Tort Plaintiffs, F. R. T. Dec 1951

Infants--En Ventre Sa Mere--As Tort Plaintiffs, F. R. T.

West Virginia Law Review

No abstract provided.


Parol Evidence Rule--Invoked By A Stranger Against A Party To The Contract, N. E. R. Dec 1951

Parol Evidence Rule--Invoked By A Stranger Against A Party To The Contract, N. E. R.

West Virginia Law Review

No abstract provided.


Process--Substituted Service--Nonresident Plaintiff And Defendant, J. N. C. Dec 1951

Process--Substituted Service--Nonresident Plaintiff And Defendant, J. N. C.

West Virginia Law Review

No abstract provided.


Trial By The Court Without A Jury, Leo Carlin Dec 1951

Trial By The Court Without A Jury, Leo Carlin

West Virginia Law Review

It is elementary, of course, that, in an action at law, normally, the court tries the law and the jury tries the facts; and, in one respect, there can be no departure from this division of labor. For obvious reasons, no other functionary can assume the task of the court. But there are various procedural devices, some under the common law and some under statutes, by which the jury may be entirely eliminated as a trial factor. Its services may be dispensed with in the course of the trial, after it has developed that they are no longer needed, as …


Common Law Pleading Modified Versus The Federal Rules: Iv. Pleading Legal And Equitable Rights-Union Of Law And Equity, Marlyn E. Lugar Jun 1951

Common Law Pleading Modified Versus The Federal Rules: Iv. Pleading Legal And Equitable Rights-Union Of Law And Equity, Marlyn E. Lugar

West Virginia Law Review

The preceding parts of this paper have dealt with West Virginia rules which may unnecessarily delay or defeat a hearing on the merits of claims between parties to litigation, but the rules there discussed pertained to actions on one side of the court. Primarily the application of those rules on the law side or to actions at law has been treated, for it is there that the existing procedure is most restrictive. This part of the paper will also deal with limitations on the assertion of rights between the parties, but here will be discussed only those restrictions which resulted …


The Lawyer Amid Social Changes, Robert L. Hogg Jun 1951

The Lawyer Amid Social Changes, Robert L. Hogg

West Virginia Law Review

No abstract provided.


Legal, Economic And Policy Aspects Of Wage Stabilizations, Guy Farmer Jun 1951

Legal, Economic And Policy Aspects Of Wage Stabilizations, Guy Farmer

West Virginia Law Review

No abstract provided.


Equity--Retention Of Jurisdiction To Award Damages, W. A. B. Jun 1951

Equity--Retention Of Jurisdiction To Award Damages, W. A. B.

West Virginia Law Review

No abstract provided.


Evidence--The Opinion Rule As Applicable To Dying Declarations In West Virginia--Another View, J. H. M. Jr. Jun 1951

Evidence--The Opinion Rule As Applicable To Dying Declarations In West Virginia--Another View, J. H. M. Jr.

West Virginia Law Review

No abstract provided.


Municipal Zoning And Land Use Regulation, Chester James Antieau Jun 1951

Municipal Zoning And Land Use Regulation, Chester James Antieau

West Virginia Law Review

No abstract provided.


The Evidentiary Effect Of A View: Stare Decisis Or Stare Dictis, Thomas P. Hardman Feb 1951

The Evidentiary Effect Of A View: Stare Decisis Or Stare Dictis, Thomas P. Hardman

West Virginia Law Review

No abstract provided.


Some Elementary Principles Of Constitutional Law, Clyde L. Colson Feb 1951

Some Elementary Principles Of Constitutional Law, Clyde L. Colson

West Virginia Law Review

No abstract provided.


Common Law Pleading Modified Versus The Federal Rules: Iii. Counterclaims, Marlyn E. Lugar Feb 1951

Common Law Pleading Modified Versus The Federal Rules: Iii. Counterclaims, Marlyn E. Lugar

West Virginia Law Review

No abstract provided.


Evidence--The Opinion Rule As Applicable To Dying Declarations In West Virginia, W. E. C. Feb 1951

Evidence--The Opinion Rule As Applicable To Dying Declarations In West Virginia, W. E. C.

West Virginia Law Review

No abstract provided.


Constitutional Law--Cruel And Unusual Punishment Inflicted For Contempt, J. L. A. Feb 1951

Constitutional Law--Cruel And Unusual Punishment Inflicted For Contempt, J. L. A.

West Virginia Law Review

No abstract provided.


Limitation Of Actions--Public Officer's Bond, K. P. S. Feb 1951

Limitation Of Actions--Public Officer's Bond, K. P. S.

West Virginia Law Review

No abstract provided.


Evidence--Testimonial Impeachment--Admissibility Of Plea, R. C. K. Feb 1951

Evidence--Testimonial Impeachment--Admissibility Of Plea, R. C. K.

West Virginia Law Review

No abstract provided.


Mines And Minerals--Coal Mining Rights--Waiver Of Subjacent Support, W. E. C. Feb 1951

Mines And Minerals--Coal Mining Rights--Waiver Of Subjacent Support, W. E. C.

West Virginia Law Review

No abstract provided.


Husband And Wife--Right Of Wife To Recover For Loss Of Consortium Due To Injury Caused By Negligence, F. R. S. Feb 1951

Husband And Wife--Right Of Wife To Recover For Loss Of Consortium Due To Injury Caused By Negligence, F. R. S.

West Virginia Law Review

No abstract provided.


Sales--Bulk Sales Act--Lessor Not Creditor As To Future Rent, W. W. A. Feb 1951

Sales--Bulk Sales Act--Lessor Not Creditor As To Future Rent, W. W. A.

West Virginia Law Review

No abstract provided.