Cases

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2020 Term FILED April 10, 2020 released at 3:00 p.m. No. 18-0605 EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEA

HARTNETT, Justice, concurring: I agree that the complaint leaves much to be desired and that plaintiffs be given an opportunity to file an amended complaint. In my view, however, the present complaint is adequate as to some of the asserted claims, if only barely so. Chancery Rules 23.1 and 12(b)(6) are predicated on the Federal Rules of Civil Procedure. The federal precedents therefore

KAROHL, Presiding Judge. Insured, under fire insurance policy, appeals after judgment was entered in favor of defendant in accord with a defendant’s verdict. Plaintiff claimed damages to real estate and personal property resulting from a fire at his home on March 5, 1982. He also claimed statutory vexatious refusal to pay damages and an attorney’s fee. Defendant relied upon affirmative defenses that plaintiff misrepresented

OPINION OF THE COURT ALDISERT, Circuit Judge. The principal question for decision is whether a diversity case, originated in state court and otherwise properly removed to federal court pursuant to 28 U.S.C. § 14411 must be remanded because of a prior determination in a parallel case, originated in federal court, that an identical claim did not satisfy the $10,000 federal juris

270 S.W.2d 112 (1954) WALTERS v. LARSON et al. No. 22006. Kansas City Court of Appeals. Missouri. June 7, 1954. *113 Walter A. Raymond, Kansas City, for appellants. Wm. Icenogle, Stubbs, McKenzie, Williams & Merrick, Kansas City, for respondent. BROADDUS, Judge. This is an action for fraud and deceit. Pla

826 F.Supp. 890 (1993) Richard GURFEIN, et al. v. SOVEREIGN GROUP, et al. Civ. No. 92-2083. United States District Court, E.D. Pennsylvania. June 4, 1993. *891 *892 *893 *894 *895

449 F.Supp. 1335 (1978) John R. DE MALHERBE, Plaintiff, v. INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, International Union of Elevator Constructors Local No. 8, National Elevator Industry, Inc., Defendants. No. C-76-1668-CBR. United States District Court, N. D. California. April 12, 1978. *1336 *13

110 U.S. 619 (1884) McDONALD v. HOVEY & Another. Supreme Court of United States. Argued January 30th and 31st, 1884. Decided March 3d, 1884. APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. *620 Mr. J. Noble Hayes and Mr. Skipwith Wilmer for appellant. Mr. George F. Edmunds and Mr. Cha

This is an action (in two counts) to determine title to and for partition of forty acres of land in Jackson County. Appellant claimed the whole title under her mother's will but the court found that plaintiff owned a one-half interest and ordered partition. This appeal is from the final judgment confirming the report of commissioners dividing the land. Plaintiff contends that there is nothing here for review except the record proper because appellant did not file a motion for a new tri