Case law

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 Ex Rel. Frazier v. Meadows

193 W. Va. 20 · West Virginia Supreme Court · Dec 8, 1994

Courts, therefore, may venture beyond the plain meaning of a statute in the rare instances in which there is a clearly expressed legislative intent to the contrary, Russello v. … The controversy between the relator and the respondents qualifies as an administrative dispute because of the bailiff’s role in court proceedings.

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.

Powell v. Bentley & Gerwig Furniture Co.

12 L.R.A. 53 · West Virginia Supreme Court · Mar 7, 1891

Hence it follows as the duty of each to so use -his own as not to injure that of the other, each one’s duty qualifies his own right and creates a corresponding right in the other. … Some families, it is said, think of re-establishing their old home on lower Broadway.

State v. Golden

90 W. Va. 496 · West Virginia Supreme Court · Mar 14, 1922

It is clearly established by our own decisions that such evidence may be introduced and considered for that purpose. State v. Kittle, 85 W. Va. 116 . … They stated that Doctor Coffman was an eminent and well qualified physician of long standing,, and an expert in such matters.

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

Mayo v. West Virginia Secondary Schools Activities Commission

223 W. Va. 88 · West Virginia Supreme Court · Nov 13, 2008

is clearly wrong. … And although the Legislature enacted a statute in 1967 which includes language indicating that the SSAC “is hereby established,” the origin of the SSAC clearly predates the existence of the statute by more than fifty years

State ex rel. West Virginia Housing Development Fund v. Waterhouse

158 W. Va. 196 · West Virginia Supreme Court · Nov 26, 1974

Taylor, supra, on the facts in evidence in that case, but we find that case clearly distinguishable from the case at bar. … Such shortages, it was found result in our inability to retain or attract the qualified manpower resources needed for industrial and commercial development.

In Re Estate of Murphy

140 W. Va. 539 · West Virginia Supreme Court · Mar 1, 1955

In the light of these authorities, we hold that the evidence of claimant clearly established only the contract whereby claimant was to obtain title to the home farm as full consideration for services rendered by him to Murphy … Since claimant has failed to clearly *547 establish that feature of the contract, we need not answer the questions posed as to such feature.

Smith v. State Consolidated Public Retirement Board

222 W. Va. 345 · West Virginia Supreme Court · Jun 17, 2008

IV, § 6, "[a]ll officers elected or appointed under this Constitution... shall continue to discharge the duties of their respective offices until their successors are elected, or appointed and qualified." … This outcome is clearly at odds with the statutory scheme of providing public employees with a general retirement system that was established to benefit those individuals who choose public service employment over private

Shobe v. Latimer

162 W. Va. 779 · West Virginia Supreme Court · Mar 20, 1979

Code § 20-1-15 qualifies the authority of the Director of the Department of Natural Resources to convey real property interests under W.Va. Code § 20-1-7. 3 See, J. … This section shall apply only to such proceedings as are not prohibited by the constitutional immunity of the state from suit under section 35, article VI of the Constitution of the State. 11 Phares v.

State of W.Va. ex rel. Biafore v. Earl Ray Tomblin

236 W. Va. 528 · West Virginia Supreme Court · Jan 22, 2016

In 1963,, the legislature repealed chapter three of the West Virginia Code and enacted a new chapter three, “all relating to the establishment, administration and regulation of elections and election procedures[.]” 1963 W.Va … Acts 415. 5 As reflected in the legislative history discussed above, and for the last eighty-five years, West Virginia "Code § 3-10-5 has clearly provided that- “the party with which the person holding-the office immediately

Adams v. Bowens

159 W. Va. 882 · West Virginia Supreme Court · Dec 7, 1976

The record clearly reveals that the contending parties and the child were before the court. That court had jurisdiction of the subject matter and of the parties. … This is grounded on the belief that such court is best qualified to act in the best interest and welfare of the child.

State ex rel. Plymale v. Garner

147 W. Va. 293 · West Virginia Supreme Court · Sep 25, 1962

On June 25, 1962, the Council of the City of Huntington adopted two ordinances, the first establishing a fee for refuse removal and the second a fee for fire protection, in accordance with the provisions of Code, 8-4-20, … This interpretation is clearly supported by the first paragraph of the statute, which provides for the governing body to submit such question by an ordinance, but it prohibits the governing body from submitting the same question

State of West Virginia v. Gina Marie Jerrome

233 W. Va. 372 · West Virginia Supreme Court · May 8, 2014

“Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion … We also have held that “[w]hether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly

Gibson v. West Virginia Department of Health & Human Resources

192 W. Va. 372 · West Virginia Supreme Court · Dec 8, 1994

Justification must clearly show that only employees of the required gender can perform the duties.” 10 W.Va.C.S.R. § 143-1-8.2®. … It is well-established that sex can be an appropriate criterion for seeking and utilizing a BFOQ. See Dothard v.

Gibson v. West Virginia Department of Highways

185 W. Va. 214 · West Virginia Supreme Court · May 24, 1991

Denke, 359 So.2d 785 (Ala.1978)], itself restates the established rule that such legislation will survive constitutional scrutiny if one of two conditions is satisfied: “1. … The statement in Lamb, 308 N.C. at 444 , 302 S.E.2d at 882 , was: “The ‘remedy’ constitutionally guaranteed ‘for an injury done’ is qualified by the words “by due course of law.’

Turk v. Hevener

49 W. Va. 204 · West Virginia Supreme Court · Mar 16, 1901

And are not the real representatives interested in such ease in the establishment of a debt against the estate and its amount ? … He may show just what property was in being and reclaimed b'y him when he qualified. The commissioner ascertained the value of that property merely from the assessor’s books.

Perrine v. E.I. Du Pont De Nemours & Co.

225 W. Va. 482 · West Virginia Supreme Court · Mar 26, 2010

The analysis to be applied in determining whether an expert is qualified to give an opinion has been well established by this Court. … Bedell, et al. no. 070762, this Court, on March 15, 2007, refused DuPont's petition to prohibit the disclosure of documents said to be the subject of qualified immunity and privilege. In addition, in State ex ret E.I.

Vance v. Vance

180 W. Va. 63 · West Virginia Supreme Court · Nov 28, 1988

These funds were clearly marital property within the meaning of W.Va. Code § 48-2-l(e). The active and equal participation of Mrs. … a qualified ... gift.