Cummings v. Cummings, No. 14673

CourtSupreme Court of West Virginia
Writing for the CourtPER CURIAM
Citation296 S.E.2d 542,170 W.Va. 712
PartiesMarie CUMMINGS v. George CUMMINGS.
Docket NumberNo. 14673
Decision Date23 June 1982

Page 542

296 S.E.2d 542
170 W.Va. 712
Marie CUMMINGS
v.
George CUMMINGS.
No. 14673.
Supreme Court of Appeals of West Virginia.
June 23, 1982.

Syllabus by the Court

1. "In a divorce suit the finding of fact of a trial chancellor based on conflicting evidence will not be disturbed on appeal unless it is clearly wrong or against the preponderance of evidence." Syl. pt. 4, Belcher v. Belcher, 151 W.Va. 274, 151 S.E.2d 635 (1966), quoting, syl. pt. 3, Taylor v. Taylor, 128 W.Va. 198, 36 S.E.2d 601 (1945).

2. "In a suit for divorce, the trial chancellor is vested with a wide discretion in determining the amount of ... court costs and counsel fees; and the trial chancellor's determination of such matters will not be disturbed upon appeal to this Court unless it clearly appears that he has abused his discretion." Syllabus point 3, Bond v. Bond, 144 W.Va. 478, 109 S.E.2d 16 (1959).

Larry L. Skeen, Ripley, for appellant.

Wilbur D. Webb, Spencer, for appellee.

PER CURIAM:

In this appeal from a final order of the Circuit Court of Roane County, the appellant, Marie Cummings, challenges that part of a divorce decree (1) limiting her recovery of attorney fees to $150.00, (2) finding that the farm equipment and cattle were the sole property of the appellee, George Cummings, and (3) ruling that the appellee is entitled to all the proceeds from the sale of cattle by both parties.

Page 543

[170 W.Va. 713] The appellant and the appellee were formerly husband and wife. The appellant instituted divorce proceedings against the appellee on June 16, 1977, praying for an equitable division of jointly owned personal property, $200.00 a month alimony, and attorney fees in the amount of $500.00. The appellee counterclaimed for a divorce and sought the same relief.

The circuit court referred the matter to a special commissioner pursuant to W.Va.Code, 48-2-25 [1969]. Evidentiary hearings were conducted before the commissioner on March 16, 1978; August 19, 1978; and December 19, 1978. The circuit court granted the appellant a divorce on November 27, 1978. On April 13, 1979, the commissioner submitted his findings and recommendations to the court concerning ownership of the personal property. He found that the farm equipment and cattle were the sole property of the appellee and that the appellant had sold some of the cattle without the appellee's consent and kept the proceeds. The commissioner, therefore, recommended that the appellee be awarded ownership of the...

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33 practice notes
  • Daily Gazette Co. v. DEVELOPMENT OFFICE, No. 25437.
    • United States
    • Supreme Court of West Virginia
    • May 19, 1999
    ...Syllabus point 3, [in part,] Bond v. Bond, 144 W.Va. 478, 109 S.E.2d 16 (1959)." Syl. Pt. 2, [in part,] Cummings v. Cummings, 170 W.Va. 712, 296 S.E.2d 542 (1982) [ (per curiam) Syl. pt. 4, in part, Ball v. Wills, 190 W.Va. 517, 438 S.E.2d 860 (1993). Having enunciated the applicable standa......
  • W. Va. Dep't of Transp. v. Newton, No. 16-0325
    • United States
    • Supreme Court of West Virginia
    • March 7, 2017
    ...discretion." Syllabus point 3, [in part,] Bond v. Bond, 144 W.Va. 478, 109 S.E.2d 16 (1959). Syl. Pt. 2, [in part,] Cummings v. Cummings, 170 W.Va. 712, 296 S.E.2d 542 (1982) [(per curiam)]. Syllabus point 4, in part, Ball v. Wills, 190 W.Va. 517, 438 S.E.2d 860 (1993). Syl. pt. [2], Daily ......
  • W. Va. Dep't of Transp., Div. of Highways v. Newton, No. 16-0325
    • United States
    • Supreme Court of West Virginia
    • March 7, 2017
    ...Syllabus point 3, [in part,] Bond v. Bond , 144 W.Va. 478, 109 S.E.2d 16 (1959). Syl. Pt. 2, [in part,] Cummings v. Cummings , 170 W.Va. 712, 296 S.E.2d 542 (1982) [ (per curiam) ]. Syllabus point 4, in part, Ball v. Wills , 190 W.Va. 517, 438 S.E.2d 860 (1993). Syl. pt. [2], Daily Gazette ......
  • Goff v. Goff, No. 17141
    • United States
    • Supreme Court of West Virginia
    • April 15, 1987
    ...--- W.Va. ---, 341 S.E.2d 411 (1986); Yanero v. Yanero, --- W.Va. ---, 297 S.E.2d 863 (1982); Cummings v. Cummings, --- W.Va. ---, 296 S.E.2d 542 (1982); Sandusky v. Sandusky, --- W.Va. ---, 271 S.E.2d 434 For the reasons stated in Parts I through III of this opinion, the decision of the Ci......
  • Request a trial to view additional results
33 cases
  • Daily Gazette Co. v. DEVELOPMENT OFFICE, No. 25437.
    • United States
    • Supreme Court of West Virginia
    • May 19, 1999
    ...Syllabus point 3, [in part,] Bond v. Bond, 144 W.Va. 478, 109 S.E.2d 16 (1959)." Syl. Pt. 2, [in part,] Cummings v. Cummings, 170 W.Va. 712, 296 S.E.2d 542 (1982) [ (per curiam) Syl. pt. 4, in part, Ball v. Wills, 190 W.Va. 517, 438 S.E.2d 860 (1993). Having enunciated the applicable standa......
  • W. Va. Dep't of Transp. v. Newton, No. 16-0325
    • United States
    • Supreme Court of West Virginia
    • March 7, 2017
    ...discretion." Syllabus point 3, [in part,] Bond v. Bond, 144 W.Va. 478, 109 S.E.2d 16 (1959). Syl. Pt. 2, [in part,] Cummings v. Cummings, 170 W.Va. 712, 296 S.E.2d 542 (1982) [(per curiam)]. Syllabus point 4, in part, Ball v. Wills, 190 W.Va. 517, 438 S.E.2d 860 (1993). Syl. pt. [2], Daily ......
  • W. Va. Dep't of Transp., Div. of Highways v. Newton, No. 16-0325
    • United States
    • Supreme Court of West Virginia
    • March 7, 2017
    ...Syllabus point 3, [in part,] Bond v. Bond , 144 W.Va. 478, 109 S.E.2d 16 (1959). Syl. Pt. 2, [in part,] Cummings v. Cummings , 170 W.Va. 712, 296 S.E.2d 542 (1982) [ (per curiam) ]. Syllabus point 4, in part, Ball v. Wills , 190 W.Va. 517, 438 S.E.2d 860 (1993). Syl. pt. [2], Daily Gazette ......
  • Goff v. Goff, No. 17141
    • United States
    • Supreme Court of West Virginia
    • April 15, 1987
    ...--- W.Va. ---, 341 S.E.2d 411 (1986); Yanero v. Yanero, --- W.Va. ---, 297 S.E.2d 863 (1982); Cummings v. Cummings, --- W.Va. ---, 296 S.E.2d 542 (1982); Sandusky v. Sandusky, --- W.Va. ---, 271 S.E.2d 434 For the reasons stated in Parts I through III of this opinion, the decision of the Ci......
  • Request a trial to view additional results

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