Case law

Benson v. AJR, INC.

215 W. Va. 324 · West Virginia Supreme Court · Jul 8, 2004

More often than not, the issue of whether conduct qualifies as dishonest is determined to be a question best resolved by a jury. See Wilson v. Neuhoff Bros. … The lower court appears to have assumed that upon finding conduct that qualified as dishonest, this case could be resolved solely on legal grounds without requiring the assistance of a jury.

State v. Triplett

187 W. Va. 760 · West Virginia Supreme Court · Jul 23, 1992

Michael Hamrick testified that the defendant was driving them around to various establishments and obtaining alcohol for Hamrick, Houck and Goff to consume. … The test results established that it was the victim’s blood and not the defendant’s blood found on various samples taken from the crime scene.

State of West Virginia v. Victor Lee Thompson

West Virginia Supreme Court · Mar 12, 2026

“In order to qualify as an excited utterance under W. Va. R. … In order to qualify as an excited utterance under W. Va. R.

C & P Telephone Co. v. Public Service Commission

171 W. Va. 708 · West Virginia Supreme Court · Mar 29, 1983

managers, and compete on a nationwide basis for qualified employees.... … This court does not sit as a board of revision with power to review the action of administrative agencies upon grounds unrelated to the maintenance of constitutional immunities. Los Angeles Gas & Electric Corp. v.

Matter of Kilpatrick

180 W. Va. 162 · West Virginia Supreme Court · Dec 9, 1988

A majority of jurisdictions have similar statutory provisions, requiring tests for venereal disease, tuberculosis, mental incompetence, rubella immunity, or sickle cell anemia. 1 H. … Clearly, the health and wel *166 fare interests of the citizens of this State are served by a standard serological test required for the issuance of a marriage license.

In Re: Lilith H., Wyllow H. & Natalie H.

231 W. Va. 170 · West Virginia Supreme Court · Jun 5, 2013

These findings shall not be set aside by a reviewing court unless clearly erroneous. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Ocheltree v. McClung

7 W. Va. 232 · West Virginia Supreme Court · Feb 25, 1874

A fee qualified or conditional, or a less estate, is neces *246 sarily implied in a limitation over. … That is settled clearly in Fettiplace v. Gorges. Her power to dispose by will is therefore clear.

Wilson v. County Court of Logan County

150 W. Va. 544 · West Virginia Supreme Court · May 24, 1966

The two men thereupon checked the records in Browning’s office and determined what persons had properly qualified as candidates for the forthcoming primary election. … The basic function of a board *558 of ballot commissioners is to determine and properly certify the names of persons who have qualified to be candidates. Concerning that matter, there is no controversy.

Jane Doe v. Logan County Board of Education

829 S.E.2d 45 · West Virginia Supreme Court · Jun 4, 2019

Clearly, these cumulative responsibilities and obligations, particularly when considered within the context of an in loco parentis relationship, establish a county board of education's heightened responsibility to its students … The Tort Claims Act provides immunity for political subdivisions in certain instances. See W.Va. Code § 29-12A-5.

Young v. Lewis

138 W. Va. 425 · West Virginia Supreme Court · Jun 16, 1953

A decree in that suit was made on the 16th day of January, 1930, decreeing and establishing the priorities of liens against the real estate of Mathew W. … Strib-ling’s will created a base or qualified fee in his heirs, limited after the life estate of Mathew W.

Hughes Supply Company v. M.B.

West Virginia Supreme Court · Feb 20, 2024

Chapman determined that M.B. qualified for the light physical demand classification with no modifications needed for walking, sitting, standing, and lifting up to twenty pounds occasionally, in a safe environment. … However, the Office of Judges and Board of Review concluded that the preponderance of the evidence establishes that M.B. sustained permanent total disability as a result of his workplace injuries, and the employer did not

Martin v. Williams

141 W. Va. 595 · West Virginia Supreme Court · Mar 13, 1956

The distances estimated in the testimony and the contentions with regard thereto in briefs of counsel do not clearly show the proximity of certain business establishments situated on the south side of Cumberland Road, and … The only syllabus point states: “Where a section of a city is not a clearly established residential community, equity will not be warranted in excluding therefrom as a nuisance an automobile wrecking business merely on the

Kathy Ruth Coers v. Franklin D. Phares

West Virginia Supreme Court · Apr 9, 2018

On appeal, petitioner argues that the circuit court erred in finding no authority to reconsider its prior decision dismissing an earlier petition for appeal, in affirming the adoption of a qualified domestic relations order … Finally, we find that petitioner has failed to carry her burden in establishing error in the contempt of court finding. Petitioner fails to offer any argument or authority in support of this ground.

Raleigh County Board of Education v. Gatson

196 W. Va. 137 · West Virginia Supreme Court · Mar 1, 1996

453 S.E.2d 395 (1994), we stated: The findings of fact of the Board of Review of the West Virginia Department of Employment Security are entitled to substantial deference unless a reviewing court believes the findings are clearly … As stated in the Adkins opinion: We hold that the appellant has failed to establish a continuing employment contract under any theory that would qualify as an exception to the statute.

Lockett v. Fayette County Board of Education

214 W. Va. 554 · West Virginia Supreme Court · Oct 31, 2003

a policy of paying qualified teachers at the Vo-Tech Center as if they had three additional years of teaching experience. … for issuance of a vocational permit to qualify for their position.

Keller v. Model Coal Company

142 W. Va. 597 · West Virginia Supreme Court · Apr 11, 1957

The facts alleged or established in each of those cases clearly distinguish them from the case at bar and the holding in each of those cases, instead of sustaining the conclusion of the majority, constitutes express authority … The foregoing rule is qualified to the effect that facts must be alleged in the pleadings and established by proof, i. e., rightfully invoked before the rule is applicable. Perkins v.

Fraga v. State Compensation Commissioner

125 W. Va. 107 · West Virginia Supreme Court · Nov 24, 1942

findings all elements that go to make up the definition of an eligible claimant under the main provisions of the silicosis act, and if that be true it necessarily follows that the terms of the proviso, the use of which is to qualify … We must not lose sight of the fact that the Compensation Commissioner is an administrative officer, and that, as such, it is necessary that certain set standards for his official conduct should be established and maintained

Roig v. Roig

178 W. Va. 781 · West Virginia Supreme Court · Dec 2, 1987

circumstantial evidence; however, when real property, stocks, bonds, or other stores of family wealth are at stake, it requires considerably more than the simple fact that property was transferred from one spouse to the other to establish … a qualified Code, 48-2-1(f)(4) [1986] gift.

State Ex Rel. Azeez v. Mangum

195 W. Va. 163 · West Virginia Supreme Court · Dec 14, 1995

Davis, 3 F.3d 370 (11th Cir.1993) that: The language of Batson clearly limited its application to defendants of the same race as the excluded jurors. … Finally, the trial counsel’s decision was a trial strategy and we can not conclude that no reasonably qualified defense attorney would have so acted. Id. at Syl.Pt. 6.

Adkins v. Smith

185 W. Va. 481 · West Virginia Supreme Court · Jul 17, 1991

are established for the approaching election. … Between the actual election and the certification thereof, the appellee changed his residency to Sheridan District and therefore contends that he is entitled to a seat on the Board of Education to which he would quite clearly