· 2/14/1996
Murphy v. Smallridge
Citations
- 468 S.E.2d 167
- 196 W. Va. 35
- 1996 W. Va. LEXIS 7
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- directing that, on Rule 12(b)(6) motion to dismiss, court “constru[es] the factual allegations in the light most favorable to the plaintiff[]” (citation omitted)
- indicating that an appellate court is not limited to the grounds relied upon by a circuit court but may affirm or reverse on any independently sufficient ground
- stating dismissal under Rule 12(b)(6) only proper where “it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations” (additional citation omitted)
- tenant’s report to state environmental agency of landlord’s illegal dumping on leased premises constituted a right incidental to tenancy and therefore supported a retaliatory eviction defense
- in conducting de novo review of ruling on 12(b)(6) motion, Court “constru[es] the factual allegations in the light most favorable to the plaintiffs”
- “An appellate court is not limited to the legal grounds relied upon by the circuit court, but it may affirm or reverse a decision on any independently sufficient ground that has adequate support.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cleckley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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