Case law

State v. Board of Education of Jefferson County

135 W. Va. 349 · West Virginia Supreme Court · Feb 13, 1951

by the board of education and that the charge of the petitioner in that respect is not established. … The petitioner in this proceeding has not established the right to receive the salary which he claims. In consequence the writ prayed for in the petition is denied. Writ denied.

Lance v. McCoy

34 W. Va. 416 · West Virginia Supreme Court · Dec 10, 1890

have a committee, made oath and procured other persons to make oath, before the County Court of Barbour county, that she was insane and not capable of taking care of herself, and had said McCoy appointed her committee, who qualified … Thus, clearly, the Circuit Court can not appoint a committee *419 without notice.

Timmy Smith v. Constellium BV

West Virginia Supreme Court · Jan 7, 2016

Smith did not establish that he is entitled to temporary total disability benefits as a result of his compensable injury. … To qualify for temporary total disability benefits under West Virginia Code of State Rules § 85-1­ 5.1, Mr.

State v. Currey

133 W. Va. 676 · West Virginia Supreme Court · Feb 21, 1950

of law, the qualifying phrase in the instant instruction “in the absence of proof to the contrary” shows clearly that the trial court was speaking of a rebuttable presumption, that is, a presumption of fact. … The jury are therefore instructed that evidence of good character is a substantial fact, like any other fact tending to establish the innocence of the defendant, and if the jury believe that the evidence of good character

State ex rel. Leeber v. Board of Education

143 W. Va. 584 · West Virginia Supreme Court · Jun 3, 1958

It is established herein that, though the charges against petitioners were reduced to writing and filed, they were not actually “entered of record”. … Clearly, there *588 fore, the removal order was void, and no vacancy was created by the entry thereof. In Hertzog v. Fox, Mayor, 141 W. Va. 849 , 93 S. E. 2d 239 , we held: “1.

State Ex Rel. Wayne v. Sims

141 W. Va. 302 · West Virginia Supreme Court · Nov 22, 1955

If Hopson could hold over until his successor was appointed and qualified, under the provisions of Code, 6-5-2, the failure of the Senate to consent to his appointment would be of no consequence. … Clearly, it was not the intention of the writers of the Constitution, and of the people of this State who adopted it, that such *308 a situation should prevail as to appointees to office where the authority to select such

State v. Kellison

56 W. Va. 690 · West Virginia Supreme Court · Mar 1, 1904

Va. 771, 773 , and it clearly covers the objection raised here. The syllabus in State v. … They constitute a hypothetical statement of facts as to which there is evidence, leaving it to the jury to determine whether they are established.

Virdie Allen v. Monsanto Co. and Pharmacia Corp.

West Virginia Supreme Court · Nov 22, 2013

With respect to the medical monitoring class settlement, the court determined that the ultimate evidence established that only about 5,000 people had significant exposure to qualify for benefits under Syllabus Point 3 of … The plaintiff’s demographic expert concluded that approximately 5,000 people could actually meet all the criteria established by [Class expert] Dr. Sawyer to qualify for [Class expert] Dr.

COMMITTEE ON LEGAL ETHICS OF W. VA. BAR v. Pietranton

99 S.E.2d 15 · West Virginia Supreme Court · Jul 2, 1957

His unreliability is clearly demonstrated by the numerous differences in his testimony, as given at different times, his biased attitude as a witness, and by his several attempts to obtain immunity from prosecution as to … effect in the determination of the question as to the sufficiency of the evidence to fully and clearly establish the charges contained in the complaint of the committee.

City of Moundsville v. Brown

127 W. Va. 602 · West Virginia Supreme Court · Apr 24, 1945

Va. 351 , this Court held that: “A decision upon a general demurrer to a bill, which has clearly gone to the merits of the case, is an effectual bar to further litigation; and where no formal defects appear upon the face … Nor is property held in trust immune against such an assessment. No statute creates such exemption, and no equitable or legal principle is cited which would so operate.

Murphy v. Eastern American Energy Corp.

224 W. Va. 95 · West Virginia Supreme Court · Jun 23, 2009

The Appellant, however, did not qualify as a “dependent” under the statute, based upon the determination made by Workers’ Compensation. 4 Consequently, the Appellee asserted that there were no persons with the statutory right … Our precedents are not sacrosanct, for we have overruled prior decisions where the necessity and propriety of doing so has been established. See Patterson v.

In re D.H.-1 and M.H.

West Virginia Supreme Court · Oct 12, 2018

However, the record clearly shows that Ms. … While we acknowledge that the circuit court did not formally qualify Ms. Talley as an expert witness, it did find that she was qualified to testify to the matter.

State v. Miller

197 W. Va. 588 · West Virginia Supreme Court · Jun 14, 1996

Defense counsel did not object to the jurors being qualified, and we do not find anything in the record that suggests that they were not qualified to serve.” … Clearly, this situation is not the case sub judice. The jury was given a permissive choice whether to infer malice.

State v. Fortner

182 W. Va. 345 · West Virginia Supreme Court · Dec 14, 1989

The well established rule in this jurisdiction is stated in Syllabus Point 1 of State v. … Here, we do not believe the victim’s extrajudicial statement qualifies as exculpatory impeachment evidence.

United Hospital Center v. Cheryl Romano, Assessor Of Harrison County, etc.

233 W. Va. 313 · West Virginia Supreme Court · Mar 26, 2014

Because there is no dispute as to the Hospital’s qualification as a charitable organization pursuant to federal law, we proceed to examine whether the second prong of the test adopted in Wellsburg has been established. … laws, for the benefit of an indefinite number of persons, either by bringing their hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish

Orr v. Crowder

173 W. Va. 335 · West Virginia Supreme Court · Jan 25, 1984

He claimed that the college had a de facto tenure program under which he qualified. … The defendants argue that their defense of good faith immunity with regard to the procedural due process claim was established as a matter of law.

WV CONSOL. PUBLIC RETIREMENT BD. v. Carter

633 S.E.2d 521 · West Virginia Supreme Court · Jun 14, 2006

Va.Code § 5-10-1, et seq. ); the Teachers Retirement System (established in W. Va.Code § 18-7A-1, et seq. ); the Teachers Defined Contribution Retirement System (established by W. … Va.Code § 18-7B-1, et seq. ); the West Virginia State Police Death, Disability and Retirement Fund (established by W. Va.Code § 15-2-1, et seq. ); the West Virginia State Police Retirement System (established by W.

State v. Young

166 W. Va. 309 · West Virginia Supreme Court · Dec 19, 1980

This departure from the traditional verbal act rule was firmly established in Starcher v. South Penn Oil Co., 81 W. … We cannot say today that the lower court was clearly wrong in admitting the statement as a dying declaration.

Eastham v. City of Huntington

222 W. Va. 661 · West Virginia Supreme Court · Jan 9, 2009

protected by the Privileges and Immunities Clause, U.S. … Therefore, our law clearly recognizes the general validity of residency requirements.

State Ex Rel. Atkinson v. Wilson

175 W. Va. 352 · West Virginia Supreme Court · Jul 9, 1985

Their “decision not to decide” establishes a paradoxical injustice under the laws of this State. That is, if a viable unborn child is killed, the estate may sue for monetary damages from the wrongdoer. … However, if the same child is killed under circumstances which would constitute murder or manslaughter, but for the fact that the child is still in his mother’s womb, the wrong-doer is immune from criminal prosecution for