inflexible rule in West Virginia

2008Pt. 1, in part, Dicken v. Liverpool Salt & Coal Co., 41 W.Va. 511 , 23 S.E. 582 (1895).

2008Pt. 1, in part, Dicken v. Liverpool Salt & Coal Co., 41 W.Va. 511 , 23 S.E. 582 (1895).

1931“While it is well settled by adjudication of this and other courts that if different sections of a statute are independent' of each other, that which is inconstitutional may be disregarded, and valid sections allowed to stand and be in force, yet it is also the inflexible rule that where a portion of an act is valid and a portion invalid, and the court cannot say that the legislature would have passed the act with the void portion eliminated then the entire act must be held invalid.” Gas Co. v. Springfield, 292 Ill. 236, 243-5 , 126 N. E. 739 , 18 A. L.

1931“While it is well settled by adjudication of this and other courts that if different sections of a statute are independent' of each other, that which is inconstitutional may be disregarded, and valid sections allowed to stand and be in force, yet it is also the inflexible rule that where a portion of an act is valid and a portion invalid, and the court cannot say that the legislature would have passed the act with the void portion eliminated then the entire act must be held invalid.” Gas Co. v. Springfield, 292 Ill. 236, 243-5 , 126 N. E. 739 , 18 A. L.

2024In this regard, we reiterated our law enunciated in syllabus point three of Sewell v. Gregory, 179 W.

2024Va. 175 , 603 S.E.2d 197 (2004), that duty is not “an inflexible principle.” Id. at 184 , 603 S.E.2d at 206 .

2024Va. 175 , 603 S.E.2d 197 (2004), that duty is not “an inflexible principle.” Id. at 184 , 603 S.E.2d at 206 .

1995The decision by the Superior Court in Hackney was a thinly-veiled invitation for the Pennsylvania Supreme Court to revisit the inflexible rule that it laid down in Kazatsky, 515 Pa. at 197 , 527 A.2d at 995 , discussed above regarding the necessity of expert testimony.

1995The decision by the Superior Court in Hackney was a thinly-veiled invitation for the Pennsylvania Supreme Court to revisit the inflexible rule that it laid down in Kazatsky, 515 Pa. at 197 , 527 A.2d at 995 , discussed above regarding the necessity of expert testimony.

1995Here, the failure of the appellee to file the Rule 60(b)(5) motion within a reasonable time is, a fortiori, obvious considering this Court’s 1990 admonition in Nancy Darlene M.: If we were to recognize that the appellee could continue to raise the issue of paternity nearly five years after the birth of his putative daughter, then our domestic relations law would be replete with cases in which paternity is denied, and, consequently, child support payments, necessary for the daily needs of children’s lives, would never be met. 184 W.Va. at 451 , 400 S.E.2d at 886 .

1995Here, the failure of the appellee to file the Rule 60(b)(5) motion within a reasonable time is, a fortiori, obvious considering this Court’s 1990 admonition in Nancy Darlene M.: If we were to recognize that the appellee could continue to raise the issue of paternity nearly five years after the birth of his putative daughter, then our domestic relations law would be replete with cases in which paternity is denied, and, consequently, child support payments, necessary for the daily needs of children’s lives, would never be met. 184 W.Va. at 451 , 400 S.E.2d at 886 .

1946In cases of this kind proof of the corpus delicti may be had by circumstantial evidence; but, "To convict of crime by circumstantial evidence, it is an inflexible rule that the corpus delicti be first proven by direct evidence, or by cogent and irresistible grounds of presumption." State v. Harrison , 98 W.

1946Va. 227 , 127 S.E. 55 , wherein it was held: "To convict of crime by circumstantial evidence, it is an inflexible rule that the corpus delicti be first proven by direct evidence, or by cogent and irresistible *Page 383 grounds of presumption." I question whether a resort to circumstantial evidence is necessary in this case; but aside from this, where is the lack of cogent and irresistible grounds which point to the guilt of defendant?

1919It cannot be disputed that whatever interest the Pennsylvania Sales Corporation had in the property attached passed by the judgment and sale thereunder, but after exhausting that subject-matter the judgment is of no force or effect, and can afford no advantage to either party as an adjudication of any other matter. 7 Robinson’s Practice, p. 51; Stone v. Myers, 9 Minn. 303 .