Case law

Stephens v. RALEIGH COUNTY BD. OF ED.

163 W. Va. 434 · West Virginia Supreme Court · Jul 16, 1979

In each of the cases below, proceedings were initiated in circuit court to establish the right to repurchase after that right had been denied at public sale. … The statutory language clearly indicates that it is the character of the entire community in which the property is located that will control the right to repurchase.

Ceranto v. Trimboli

63 W. Va. 340 · West Virginia Supreme Court · Jan 14, 1908

All this is qualified by the phrase “upon the terms stated in *343 the said declaration.” … The word “term” sometimes expresses the nature of an estate in land, but it was clearly not used in that sense in the affidavit, a paper having no relation to land or any estate therein, and referring to another paper, the

Johnson Ex Rel. Johnson v. General Motors Corp.

190 W. Va. 236 · West Virginia Supreme Court · Nov 23, 1993

This Court has clearly stated 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 appears that its discretion has been abused.”

Moore v. Goode

180 W. Va. 78 · West Virginia Supreme Court · Nov 10, 1988

Romano, 155 W.Va. 875 , 190 S.E.2d 8 (1972): “Findings of fact by a trial court without a jury will not be set aside unless they are clearly wrong.” … As at common law, declarant is qualified if related by blood or marriage. 5 Wigmore § 1489. In addition, and contrary to the common law, declarant qualifies by virtue of intimate association with the family.

Montgomery v. West Virginia State Police

215 W. Va. 511 · West Virginia Supreme Court · Jun 17, 2004

The evidence presented established that the Grievant had been drinking the night before the morning of October 29,1998, that he was present in an intoxicated condition, within the prima fa-cie limits established by the provisions … The regulation excludes from its reach violations of laws that qualify as Group I or II of-tenses, the less serious offenses.

Slater v. Varney

136 W. Va. 406 · West Virginia Supreme Court · Nov 17, 1951

shall be eligible to the Legislature or to any office of honor, trust, or profit in this State, until he shall have duly accounted for and paid over such money according to law, when read and considered together, indicate clearly … If, upon a hearing of this proceeding upon its merits the contestee establishes that defense by competent evidence, he is entitled to hold the office and this proceeding should be dismissed.

Tedesco v. Weirton General Hospital

160 W. Va. 466 · West Virginia Supreme Court · Mar 22, 1977

“In such case, for the record of entries made in the established course of business on the original books of entry of a corporation, to be admissible as evidence, it is sufficient if the books are verified on the stand by … Refusal of the trial court to admit admissible evidence at the trial of an action is presumed to be prejudicial and, where it does not clearly appear that a verdict against a party objecting was unaffected thereby, a judgment

Board of Education v. Owensby

206 W. Va. 600 · West Virginia Supreme Court · Dec 13, 1999

We have previously held that “[wjhere the issue on appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” … applicant who is neither a full time employee of the hiring board nor on the preferred recall list, when there are teachers on the preferred recall list who possess the proper qualifications for the position, then the statutes establishing

Herbert J. Thomas Memorial Hospital Assoc. v. Susan Nutter

238 W. Va. 375 · West Virginia Supreme Court · Nov 17, 2016

Colo. 2002) (finding that CMS regulations do not provide right of action or establish standard of care, but merely determine whether hospital qualifies for provider agreement). … Although they may be laudable in an aspirational sense and clearly constitute a best practice, apparently the respondent provided no such corollary requirements embraced and articulated by the State of West Virginia as a

West Virginia Department of Highways v. Fisher

170 W. Va. 7 · West Virginia Supreme Court · Mar 22, 1982

his opinion of the market value of land involved in a proceeding in eminent domain rests in the sound discretion of the trial court, and such discretion, though subject to review, will not be disturbed unless its abuse is clearly … The fact sought to be established, whether the juror may be biased or prejudiced, rests alone with the proposed juror, and often he may be unable to honestly determine whether he would be unduly influenced by certain facts

State Ex Rel. Galford v. Mark Anthony B.

189 W. Va. 538 · West Virginia Supreme Court · Aug 12, 1993

. *542 In the case now before us, the school officials clearly had reasonable grounds for focusing their suspicions upon the appellant. … The district court granted the defendants’ motion for summary judgment and held that the defendants were entitled to qualified immunity from the suit, dismissing all of Williams’ claims.

State of West Virginia v. Johnny Bowman

West Virginia Supreme Court · Jan 17, 2020

Further, “[t]he Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. … argument is in violation of Rule 10(c)(7) of the West Virginia Rules of Appellate Procedure, as follows: 3  The brief must contain an argument exhibiting clearly

In Re Tax Assessment of Foster Foundation's Woodlands Retirement Community

223 W. Va. 14 · West Virginia Supreme Court · Jan 9, 2009

We review *19 challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo.” Syl. pt. 4, Burgess v. Porterfield, 196 W.Va. 178 , 469 S.E.2d 114 (1996). … We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard.

Municipality of Cowen Ex Rel. Proudfoot v. Greathouse

130 W. Va. 587 · West Virginia Supreme Court · Oct 28, 1947

Clearly Greathouse has relied upon the protection afforded by the writing tendered by him and approved by the Mayor of Cowen as his official bond as chief of police of that town, and by virtue of his written but unsealed … in pais, or by the conduct of the parties, to the facts of this case as stated in the declaration which, on demurrer, must be regarded as true, should not be understood to mean that the common law requirement, so firmly established

James D. Horner v. Eastern Asphalt Products, LLC

West Virginia Supreme Court · Mar 19, 2025

Mukkamala determined that the claimant had 0% impairment for the thoracic spine based upon range of motion measurements and that the claimant had no specific thoracic spine disorder that would qualify for an impairment rating … Thus, the evidence establishes that there is a reasonable basis for apportionment and therefore, the report of Dr.

Foster v. City of Keyser

202 W. Va. 1 · West Virginia Supreme Court · Dec 15, 1997

Exclusive control is merely one fact which establishes the responsibility of the defendant; and if it can be established otherwise, exclusive control is not essential to a res ipsa loquitur case. … In taking such a step, we follow a path established in two cases, one of which, Gilbert v.

Rice v. Underwood

205 W. Va. 274 · West Virginia Supreme Court · Dec 11, 1998

Clearly, Article IV, § 8 empowers the Legislature to provide for Qther means of removal of public officers. … It is well-established in this jurisdiction that “[rjepeal of a statute by implication is not favored in law.” Syl. Pt. 1, State ex rel. City of Wheeling v. Renick, 145 W.Va. 640 , 116 S.E.2d 763 (1960).

Sutherland v. Kroger Company

144 W. Va. 673 · West Virginia Supreme Court · Oct 27, 1959

In fact, it clearly appears that they were polite and courteous on each occasion. … Under the facts in the record of this case before us at this time, it is not clearly shown whether the doctor examined the plaintiff for the purpose of qualifying as a witness in order to testify in her behalf in this law

First National Bank of Hinton v. Tate

116 W. Va. 138 · West Virginia Supreme Court · Mar 5, 1935

Tate, who is interested here in establishing a West Virginia domicile for John B. … The details of his railroad work and the amount of time spent at Clifton Forge do not clearly appear, but the inference that as between Clifton Forge and Hinton, John B.

Jennings v. McDougle

83 W. Va. 186 · West Virginia Supreme Court · Jan 21, 1919

In nowise does it qualify section 7, ch. 64, Code, under which this proceeding -was instituted; hence process under it may be directed to a sheriff in the county where defendant resides or may properly be served. … Nothing in the view of the court establishes it. Hence it is not a fact within the knowledge of the court. If it is permitted to act under such circumstances, it clearly acts without jurisdiction.