Case law

Westover Volunteer Fire Department, Inc. v. Barker

142 W. Va. 404 · West Virginia Supreme Court · Dec 22, 1956

jfc ‡ % “A view of the premises also indicates rather clearly how the common grantor, L. V. … Clearly, in the sense that matters brought to the attention of the jury on a view of the premises, the view is evidence.

State Ex Rel. Sowards v. County Commission

196 W. Va. 739 · West Virginia Supreme Court · Jul 17, 1996

Neither the right to candidacy nor franchise, however, are immune from regulation. … On the other hand, the respondents caution us there is no direct authority in the West Virginia Constitution giving this Court (or the Legislature, for that matter) authority to establish qualifications to seek office in

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

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.

Bulkley v. Sims

48 W. Va. 104 · West Virginia Supreme Court · Apr 21, 1900

After they qualified, Mary Kelly conveyed certain real estate to them as executors, and to their heirs and assigns, forever. … The facts in evidence by the plaintiff being clearly sufficiently established to support a verdict, the judgment will be reversed, and the Court will render such judgment as the circuit court should have rendered, overruling

Phillips v. Larry's Drive-In Pharmacy, Inc.

220 W. Va. 484 · West Virginia Supreme Court · Jun 28, 2007

We have held that “[w]here the issue ... is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syllabus Point 1, Chrystal R.M. v. … The plaintiffs agree that pharmacists are clearly professionals who require advanced education, training, and licensure.

Lowndes Bank v. MLM Corp.

183 W. Va. 339 · West Virginia Supreme Court · Jun 26, 1990

If the Bank’s action fits either provision, then the United States has waived sovereign immunity as to the suit. The Bank’s action can easily be seen as an action to quiet title to personal property. … The case before us is clearly an action to quiet title to personal property, specifically permitted under 28 U.S.C. § 2410 (a)(1). II.

State of West Virginia v. Lamont D.

West Virginia Supreme Court · Mar 11, 2019

This disclosure clearly provided that the State intended to call Sgt. … This Court has explained that [o]ur jurisprudence clearly establishes the doctrine that preserving error is the responsibility of the parties.

Snider v. West Virginia Department of Commerce

190 W. Va. 642 · West Virginia Supreme Court · Feb 17, 1994

The Commission, an independent state agency, was established by W.Va.Code 29-8-1 [1975] et seq. to develop Blennerhassett island. In 1989, W.Va. … Based on the language of W.Va.Code 29-8-2 [1990], we find Board’s hearing examiner was clearly wrong and that the circuit court correctly reversed the Board’s decision.

Coal & Coke Ry. Co. v. Conley

67 W. Va. 129 · West Virginia Supreme Court · Mar 8, 1910

The distinction is clearly marked in State v. Ehrlick, 65 W. Va. 700 . … In view of this, the phrase “over fifty miles in length,” was put in to qualify railroad.

White v. Kanawha City Co.

127 W. Va. 566 · West Virginia Supreme Court · May 8, 1945

The circuit court found the decisión of the court of common pleas clearly right, and, in turn, certified to this Court the questions of law arising upon said demurrers. … We consider this position not only definitely established in this state, but sound.

In re Petition for Reinstatement of C. Michael Sparks

West Virginia Supreme Court · May 22, 2025

Despite offering expected expressions of remorse and acceptance of responsibility, petitioner’s reinstatement testimony is clearly designed to significantly downplay his involvement in the corruption in Mingo County. … With the specifics of petitioner’s adjudicated misconduct established, we consider its gravity.

Wheeling Park Commission v. Joseph and Kerry Dattoli

West Virginia Supreme Court · Jun 2, 2016

Code § 29-12A-4(c)(2)–(4) (1986), and they contend that they clearly established at trial that the Commission breached this duty. … Code § 29-12A-4(c) clearly makes a political subdivision or its employees liable for their “negligent failure to keep . . . public grounds within the political subdivisions . . . in repair.”

State v. Bostic

229 W. Va. 513 · West Virginia Supreme Court · Jun 14, 2012

of registration; thus, the required registration period of ten years simply could not have been a factor which induced Defendant to plead guilty to the latter offense. 8 Therefore, because the first certified question is clearly … (Emphasis added) “ ‘ “It is well established that the word ‘shall,’ in the absence of language in the statute showing a contrary intent on the part of the Legislature, should be afforded a mandatory connotation.”

General Motors Corp. v. Rose

179 W. Va. 461 · West Virginia Supreme Court · Dec 2, 1987

Rather, he contended throughout these proceedings that in order for General Motors Corporation (GM) to qualify for the sales tax exemption, the warranty parts and services it purchased from its dealers had to be “directly … Nor can warranty parts and service come within any established judicial definition of “manufacturing,” which generally denotes the making of something new. See Ballard’s Farm Sausage, Inc. v.

Barbour v. W. H. Tompkins

81 W. Va. 116 · West Virginia Supreme Court · Oct 16, 1917

November 5, 1913, in quantities sufficient to confer on the assignee the right of further exploration either by drilling the well to lower sands in order to increase production, or other wells, after that date, under the qualified … They were not the agents of the lessee or of its assignees; and no declaration of theirs, even if established by proof, would bind the operating as-signee or prejudice any rights it might have.

Arbogast v. Shields

123 W. Va. 167 · West Virginia Supreme Court · Mar 15, 1941

If Romine would have united with Shields to remove Pritchard, the fact could easily have been established by calling him as a witness. … This is clearly immaterial.

State v. Bennett

181 W. Va. 269 · West Virginia Supreme Court · Jun 15, 1989

Law seemed uncertain about whether he could put his prejudices against the defendant aside if he were chosen to sit on the jury, but he clearly indicated that if given the choice, he would rather not be a juror in the case … After establishing that such a relationship exists, a party has a right to obtain individual voir dire of the challenged juror to determine possible prejudice or bias arising from the relationship.

Beuter v. Beuter

122 W. Va. 103 · West Virginia Supreme Court · Feb 27, 1940

The record before us does not clearly show what proceedings were had in the cause prior to December 30, 1937, but on that day a decree was entered directing T. H. Duval, special commissioner, to pay to Austin V. … From this decree we conclude that Carrie Martin Beuter had died, and that a personal representative had qualified for her estate, and that property had been sold by Duval, as special commissioner, in which her estate had

Shirley Stewart Burns v. West Virginia Department of Education and the Arts

West Virginia Supreme Court · Nov 20, 2019

Burns voluntarily resigned and failed to establish a claim for constructive discharge. Ms. Burns contests that order on appeal. II. … A plain reading of that response clearly refers back to any accommodation necessary to help her avoid chemicals, allergens or irritants, which Ms. Burns agrees were not at issue in her request for accommodation. Ms.