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Articles 121 - 150 of 293
Full-Text Articles in Civil Procedure
Damage Awards, Instructions, And The Jury's Common Knowledge, H. G. U.
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
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.
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
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.
Constitutional Law--Equal Protection--Appellate Review In Criminal Case Based On Ability To Pay, R. M.
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.
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.
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.
West Virginia Law Review
No abstract provided.
Juries--Change Of Venue--Discretion Of Trial Judge, T. E. P.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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.
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
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
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.
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
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.
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
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
Service Of Process In Delinquent Lands Proceeding---A Suit That Is Not A Suit, Clyde L. Colson
West Virginia Law Review
No abstract provided.
Common Law Pleading Modified Versus The Federal Rules: Iv. Pleading Legal And Equitable Rights-Union Of Law And Equity, Marlyn E. Lugar
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 …
Equity--Retention Of Jurisdiction To Award Damages, W. A. B.
Equity--Retention Of Jurisdiction To Award Damages, W. A. B.
West Virginia Law Review
No abstract provided.