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Civil Procedure Commons™

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West Virginia University

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Articles 121 - 150 of 295

Full-Text Articles in Civil Procedure

Abstracts Of Recent Cases, G. H. A. Apr 1959

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, T. E. P. Dec 1957

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.


Damage Awards, Instructions, And The Jury's Common Knowledge, H. G. U. Jun 1957

Damage Awards, Instructions, And The Jury's Common Knowledge, H. G. U.

West Virginia Law Review

No abstract provided.


The Defense Of Laches And A Correlative, John W. Plattenburg Apr 1957

The Defense Of Laches And A Correlative, John W. Plattenburg

West Virginia Law Review

The term laches, when used in a legal sense, generally brings to mind the image of the complainant who has slept on his rights for an unreasonable length of time, and who is now precluded from asserting those rights. Laches connotes the passage of time and a laxness on the part of a party to assert his rights during the time elapsed. The defense of laches, as applied in equity, is a much more restricted doctrine than is apparent in this connotation of the word. The purpose of this note is to show what generally constitutes a defense of laches, …


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

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

West Virginia Law Review

No abstract provided.


The Practical Way To Prepare A Case For An Appellate Court, Campbell Palmer Iii Dec 1956

The Practical Way To Prepare A Case For An Appellate Court, Campbell Palmer Iii

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, T. E. P. Dec 1956

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.


Constitutional Law--Equal Protection--Appellate Review In Criminal Case Based On Ability To Pay, R. M. Dec 1956

Constitutional Law--Equal Protection--Appellate Review In Criminal Case Based On Ability To Pay, R. M.

West Virginia Law Review

No abstract provided.


Pleading And Practice--Defective Common Count, G. H. W. Jun 1956

Pleading And Practice--Defective Common Count, G. H. W.

West Virginia Law Review

No abstract provided.


Attorney And Client--Effective Representation--Federal Procedure, G. T. L. Apr 1956

Attorney And Client--Effective Representation--Federal Procedure, G. T. L.

West Virginia Law Review

No abstract provided.


Foreign Corporations--Service Of Process On Auditor After Withdrawal In Tort Case--Cause Of Action Arose After Withdrawal, P. B. H. Feb 1956

Foreign Corporations--Service Of Process On Auditor After Withdrawal In Tort Case--Cause Of Action Arose After Withdrawal, P. B. H.

West Virginia Law Review

No abstract provided.


Juries--Change Of Venue--Discretion Of Trial Judge, T. E. P. Feb 1956

Juries--Change Of Venue--Discretion Of Trial Judge, T. E. P.

West Virginia Law Review

No abstract provided.


Interpleader--Statutory Construction--Party Defendant, W. A. K. Dec 1955

Interpleader--Statutory Construction--Party Defendant, W. A. K.

West Virginia Law Review

No abstract provided.


Pleading And Practice--Writ Of Error--Special Bill Of Exceptions--Specification Of Error, H. G. U. Dec 1955

Pleading And Practice--Writ Of Error--Special Bill Of Exceptions--Specification Of Error, H. G. U.

West Virginia Law Review

No abstract provided.


Hearings And Rehearings In Banc In The United States Courts Of Appeals, C. R. M. Mar 1955

Hearings And Rehearings In Banc In The United States Courts Of Appeals, C. R. M.

West Virginia Law Review

No abstract provided.


Right To Bill Of Particulars In Eminent Domain Proceedings, G. D. H. S. Mar 1955

Right To Bill Of Particulars In Eminent Domain Proceedings, G. D. H. S.

West Virginia Law Review

No abstract provided.


Pleading And Practice--Representative Capacity, P. M. F. Mar 1955

Pleading And Practice--Representative Capacity, P. M. F.

West Virginia Law Review

No abstract provided.


Pleading--Wrongful Death Action--Improper To Include Claim For Property Damage, G. W. S. G. Mar 1955

Pleading--Wrongful Death Action--Improper To Include Claim For Property Damage, G. W. S. G.

West Virginia Law Review

No abstract provided.


Venue--Nonresident Motorist Statutes And Actions In Federal Courts, C. R. M. Mar 1955

Venue--Nonresident Motorist Statutes And Actions In Federal Courts, C. R. M.

West Virginia Law Review

No abstract provided.


Venue--Nonresident Motorist Statute, A. J. B. Jun 1954

Venue--Nonresident Motorist Statute, A. J. B.

West Virginia Law Review

No abstract provided.


The Mechanism Of Our Jury System Should Be Adjusted And Lubricated, B. F. Howard Feb 1954

The Mechanism Of Our Jury System Should Be Adjusted And Lubricated, B. F. Howard

West Virginia Law Review

When the colonists came to America, they brought with them the right of trial by jury. To preserve and protect this right for them and their descendants, it was incorporated in the Bill of Rights of the Virginias, and it is now firmly entrenched in the judiciary system of West Virginia. The citizens of our state have ever zealously guarded this as a sacred right, and looked to it as a bulwark of protection when their rights have been invaded, or their liberties jeopardized. Notwithstanding all the recognized defects and imperfections of the jury system, experience has demonstrated that trial …


Pre-Trial In West Virginia, Wright Hugus Jun 1953

Pre-Trial In West Virginia, Wright Hugus

West Virginia Law Review

No abstract provided.


Pleading--Equity--Insufficiency Of Bill A Jurisdictional Defect, W. O. S. Jun 1953

Pleading--Equity--Insufficiency Of Bill A Jurisdictional Defect, W. O. S.

West Virginia Law Review

No abstract provided.


A General, But Incomplete, Résumé Of Appellate Procedure In West Virginia, James B. Riley Dec 1952

A General, But Incomplete, Résumé Of Appellate Procedure In West Virginia, James B. Riley

West Virginia Law Review

No abstract provided.


Correction Of Error On Motion, Leo Carlin Dec 1952

Correction Of Error On Motion, Leo Carlin

West Virginia Law Review

No abstract provided.


The Replication And The Special Reply In Writing In Equity, R. E. M. Jun 1952

The Replication And The Special Reply In Writing In Equity, R. E. M.

West Virginia Law Review

No abstract provided.


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.


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 …


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.