(DOWNLOAD) "State West Virginia Ex Rel. Division Human" by Supreme Court of Appeals of West Virginia # Book PDF Kindle ePub Free
eBook details
- Title: State West Virginia Ex Rel. Division Human
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 28, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1. "An adjudication by a court having jurisdiction of the subject-matter and the parties is final and conclusive, not only
as to the matters actually determined, but as to every other matter which the parties might have litigated as incident thereto
and coming within the legitimate purview of the subject-matter of the action. It is not essential that the matter should have
been formally put in issue in a former suit, but it is sufficient that the status of the suit was such that the parties might
have had the matter disposed of on its merits. An erroneous ruling of the court will not prevent the matter from being res
judicata.' Point 1, Syllabus, Sayre's Adm'r v. Harpold et al., 33 W.Va. 553 [11 S.E. 16 (1890)]." Syl. pt. 1, In Re Estate
of McIntosh, 144 W.Va. 583, 109 S.E.2d 153 (1959) (emphasis in original). 2. "To justify the application of the doctrine of res judicata, ". . . there must be a concurrence of four conditions, namely:
(1) identity in the thing sued for; (2) identity of the cause of action; (3) identity of persons, and of parties to the action;
(4) identity of the quality in the person for or against whom the claim is made." Opinion. Marguerite Coal Co. v. Meadow River
Lumber Co., 98 W.Va. 698 [, 127 S.E. 644 (1925)].' Syllabus, Hannah v. Beasley, 132 W.Va. 814, 53 S.E.2d 729 (1949)." Syl.
pt. 1, Pearson v. Dodd, 159 W.Va. 254, 221 S.E.2d 171 (1975), appeal dismissed, 429 U.S. 396, 97 S. Ct. 581, 50 L. Ed. 2d
574 (1977), overruled on another point, syl. pt. 3, Lilly v. Duke, 180 W.Va. 228, 376 S.E.2d 122 (1988).
 "State West Virginia Ex Rel. Division Human" by Supreme Court of Appeals of West Virginia # Book PDF Kindle ePub Free){kind=link}