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West Virginia University

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Articles 181 - 210 of 295

Full-Text Articles in Civil Procedure

And The Court Heard The Argument Of Counsel, James R. Moreland Feb 1939

And The Court Heard The Argument Of Counsel, James R. Moreland

West Virginia Law Review

No abstract provided.


The Doctrine Of Weighing Equities In West Virginia, C. E. G. Feb 1939

The Doctrine Of Weighing Equities In West Virginia, C. E. G.

West Virginia Law Review

No abstract provided.


Pleading--Plea In Arbitration--General Appearance, J. P. R. Feb 1939

Pleading--Plea In Arbitration--General Appearance, J. P. R.

West Virginia Law Review

No abstract provided.


The New Federal Rules, Edson R. Sunderland Dec 1938

The New Federal Rules, Edson R. Sunderland

West Virginia Law Review

No abstract provided.


A Proposal For Declaratory Judgment Procedure, Thomas B. Jackson Dec 1938

A Proposal For Declaratory Judgment Procedure, Thomas B. Jackson

West Virginia Law Review

The subject matter of this address has not been before this association for many years and so far as the record discloses nothing effective concerning it has ever been accomplished. It relates solely to procedure and for the benefit of those who persistently cling to the archaic, those who are temperamentally opposed to change, those who oppose anything resembling an innovation, and those who worship common-law procedure, let me say that what I propose in no way changes our existing procedure but simply adds to it, and makes available to the practitioner of today, a remedy now available under federal …


Procedure--Demurrer To Misjoinder Of Parties Under The Revised Code, J. H. H. Apr 1938

Procedure--Demurrer To Misjoinder Of Parties Under The Revised Code, J. H. H.

West Virginia Law Review

No abstract provided.


The Mind Of The Juror, Stephen Ailes Apr 1938

The Mind Of The Juror, Stephen Ailes

West Virginia Law Review

No abstract provided.


Negotiable Instruments--Usury--Latches, F. L. W. Dec 1937

Negotiable Instruments--Usury--Latches, F. L. W.

West Virginia Law Review

No abstract provided.


Legislation--Service Of Process On Nonresident Motorists, Edmund C. Dickinson Jun 1937

Legislation--Service Of Process On Nonresident Motorists, Edmund C. Dickinson

West Virginia Law Review

No abstract provided.


The Proposed Rules For Changes In Federal Practice, Frank W. Nesbitt Feb 1937

The Proposed Rules For Changes In Federal Practice, Frank W. Nesbitt

West Virginia Law Review

No abstract provided.


The Problem Of Jury Instructions, Haymond Maxwell Dec 1936

The Problem Of Jury Instructions, Haymond Maxwell

West Virginia Law Review

The question of instructions to juries is a perennial problem with practitioners and judges. Having in mind the seriousness of this subject, the Judicial Council of West Virginia, some months ago, formulated a program for thorough investigation and consideration of the instructions enigma. In response to the council's request that it render assistance in the matter, the faculty of the College of Law of West Virginia University caused to be made a synopsis of all the state statutes dealing with instructions. Only a few of the states have no such statutes. Virginia is among that small number. Though I am …


The Proposed Rules For Changes In Federal Practice, Frank W. Nesbitt Dec 1936

The Proposed Rules For Changes In Federal Practice, Frank W. Nesbitt

West Virginia Law Review

No abstract provided.


Pleading And Practice--Splitting A Cause Of Action On Injunction Bonds, M. E. L., E. W. E. Dec 1936

Pleading And Practice--Splitting A Cause Of Action On Injunction Bonds, M. E. L., E. W. E.

West Virginia Law Review

No abstract provided.


Pleading Premature Institution Of Equity Suit, Charles G. Baker Jun 1936

Pleading Premature Institution Of Equity Suit, Charles G. Baker

West Virginia Law Review

No abstract provided.


Form Of The Original Writ In West Virginia Apr 1936

Form Of The Original Writ In West Virginia

West Virginia Law Review

No abstract provided.


Quasi-Contracts--Recovery For Mistake Of Law--Settlement Of Disputed Claim Apr 1936

Quasi-Contracts--Recovery For Mistake Of Law--Settlement Of Disputed Claim

West Virginia Law Review

No abstract provided.


Statute Of Limitations--Endorser's Warranty As Express Or Implied Promise--Application Of Ten-Year Statute To Negotiable Instruments Apr 1936

Statute Of Limitations--Endorser's Warranty As Express Or Implied Promise--Application Of Ten-Year Statute To Negotiable Instruments

West Virginia Law Review

No abstract provided.


Rules Of Practice In The Trial Courts Of Record Of West Virginia Apr 1936

Rules Of Practice In The Trial Courts Of Record Of West Virginia

West Virginia Law Review

No abstract provided.


Issuance Of Process As Condition Precedent To Granting Preliminary Injunction, Leo Carlin Feb 1936

Issuance Of Process As Condition Precedent To Granting Preliminary Injunction, Leo Carlin

West Virginia Law Review

No abstract provided.


Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis Feb 1936

Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis

West Virginia Law Review

No abstract provided.


Magna Charta And The Jury System, John H. Hatcher Dec 1935

Magna Charta And The Jury System, John H. Hatcher

West Virginia Law Review

No abstract provided.


Functions Of A Demurrer Under The Revised Code, Leo Carlin Jun 1935

Functions Of A Demurrer Under The Revised Code, Leo Carlin

West Virginia Law Review

The Revised Code undertakes to establish the demurrer as the uniform method of objecting to the insufficiency of pleadings. Although the intention was to accomplish a maximum of uniformity and simplicity, not only as to selection of the remedy, but also, presumably, as to its operative effect, there already may be detected some divergence of opinion among members of the bar as to the specific application of the new provisions. As an illustration of conclusions that may be too hastily drawn, perhaps due to a superficial consideration of the apparent general motives by which the Revisers were actuated, may be …


Waiver Of Trial By Jury; A Further Comment, Leo Carlin Apr 1935

Waiver Of Trial By Jury; A Further Comment, Leo Carlin

West Virginia Law Review

No abstract provided.


Personal Transactions With Persons Deceased At The Time Of Trial--An Analysis Of Cases And A Suggestion For Statutory Change, Robert T. Donley, Morris S. Funt Apr 1935

Personal Transactions With Persons Deceased At The Time Of Trial--An Analysis Of Cases And A Suggestion For Statutory Change, Robert T. Donley, Morris S. Funt

West Virginia Law Review

No abstract provided.


Are Physicians Exempt From Testifying?, William S. John Apr 1935

Are Physicians Exempt From Testifying?, William S. John

West Virginia Law Review

No abstract provided.


Procedure And Forms Of Common Law Pleading, Leo Carlin Apr 1935

Procedure And Forms Of Common Law Pleading, Leo Carlin

West Virginia Law Review

No abstract provided.


Equitable Defenses--Sealed Release--Replication--Fraudulent Inducement, Guy Otto Farmer Dec 1934

Equitable Defenses--Sealed Release--Replication--Fraudulent Inducement, Guy Otto Farmer

West Virginia Law Review

No abstract provided.


Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence Jun 1934

Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence

West Virginia Law Review

No abstract provided.


When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin Jun 1934

When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin

West Virginia Law Review

No abstract provided.


Appeal And Error--Decree "Adjudicating The Principles Of The Cause"--Decree Dismissing A Suit In Equity With Leave To Transfer To Law, Paul D. Farr Apr 1934

Appeal And Error--Decree "Adjudicating The Principles Of The Cause"--Decree Dismissing A Suit In Equity With Leave To Transfer To Law, Paul D. Farr

West Virginia Law Review

No abstract provided.