Legal Opinion

State ex rel. Decourcy v. Dent

West Virginia Supreme Court

Decided November 17, 2017No. 17-0572PublishedCited by 5 opinions

1Opinion of the Court

WALKER, Justice:

William Williams sued Garland DeCourcy in magistrate court to recover a computer, a telephone system, and keys to a vehicle. Mr. Williams prevailed in a bench trial and Ms. DeCourcy was ordered to return certain property to him. On appeal to circuit court, Ms. DeCourcy sought to limit the evidence considered to the evidence presented to the magistrate court. The circuit court ruled that a trial de novo by definition authorizes it to consider additional evidence, including witness testimony not presented in magistrate court. Ms. DeCourcy invokes this Court's original…

2Cases cited4 opinions

  1. State Ex Rel. Hoover v. BergerWest Virginia Supreme Court · 1997
  2. Crockett v. AndrewsWest Virginia Supreme Court · 1970
  3. West Virginia Division of Environmental Protection v. Kingwood Coal Co.West Virginia Supreme Court · 1997
  4. SER Jon Veard v. Hon. Lawrance S. Miller, Jr., JudgeWest Virginia Supreme Court · 2016

3Cited by5 opinions

  1. Jason Farley v. Ronnie MyersWest Virginia Supreme Court · 2020
  2. Robert Lee Mattingly, Jr. v. Robert MossWest Virginia Supreme Court · 2020
  3. Robin Hammer v. Beverly ManorIntermediate Court of Appeals of West Virginia · 2025
  4. State of West Virginia v. Jay FolseWest Virginia Supreme Court · 2023
  5. West Virginia Department of Health and Human Resources v. C.P.West Virginia Supreme Court · 2021

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