Case law

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.

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

In re Hill

190 W. Va. 165 · West Virginia Supreme Court · Oct 25, 1993

In the ad, Hill and Friend were described as “Mature — Qualified” and “Competent — Confident—Compatible,” and voters were informed that, “This Team Will Work For You.” … It clearly states that a judge who is not a candidate may not publicly endorse a candidate for public office. Just as clearly, this canon does not prohibit the endorsement of a candidate by a judge who is a candidate.

West Virginia Counties Group v. Great Cacapon Volunteer Fire Department, Inc.

West Virginia Supreme Court · Nov 4, 2020

Here, the Legislature has not altered or qualified the term “subrogation.” … We note again, however, that West Virginia Code § 29-12A- 13(c) bars all subrogation claims and the Legislature has not placed any qualifier on that term.

State v. Gill

187 W. Va. 136 · West Virginia Supreme Court · Mar 24, 1992

No other evidence was introduced to establish that the defendant had committed the crimes alleged in companion Counts 11 and 12. … Under these circumstances, we find that the State’s evidence was manifestly inadequate to establish the defendant’s guilt.

Simpson v. Grand International Brotherhood of Locomotive Engineers

83 W. Va. 355 · West Virginia Supreme Court · Feb 11, 1919

Va. 778 ; but, in order to apply this doctrine, incorporation by some name must be established. … In the absence of an express provision, guaranteeing immunity from second trial for the same offense, the right of interpretation and construction exists and that right is vested in the Grand Chief Engineer.

Jaime C. Walker v. Pocahontas County Board of Education

West Virginia Supreme Court · Sep 5, 2017

Code, [6C–2–1], et seq. [ ], and based upon findings of fact, should not be reversed unless clearly wrong.” Syl. pt. 1, Randolph Cnty. Bd. of Educ. v. Scalia, 182 W.Va. 289, 387 S.E.2d 524 (1989). … Job postings for vacancies made pursuant to this section shall be written to ensure that the largest possible pool of qualified applicants may apply.

Brian Frye v. Erie Insurance Company (Chief Justice Armstead, dissenting)

West Virginia Supreme Court · Jun 12, 2024

My client clearly paid his premiums. Nobody disputes that. The only question now is, all right, was there mine subsidence. … This qualifying language expressly limits the court’s duty under Rule 24 when the parties fail to timely raise a constitutional issue.

State of West Virginia v. Cynthia Annmarie Gatewood

West Virginia Supreme Court · May 26, 2022

Gatewood argues that the circuit court erred when it declined to qualify Dr. Hudson as an expert on the long-term effects of drug addiction. … The circuit court was not clearly wrong to find that Dr. Hudson’s expertise did not extend to the particular impact of longtime methamphetamine use on one’s brain.

State v. Massie

72 W. Va. 444 · West Virginia Supreme Court · May 6, 1913

1515al, defines public road as follows: “A public road, within the meaning of this chapter, includes any road leading from any other public road over one or more person’s land to another .person’s* land and which has been established … Having charged the obstruction of a private way or road clearly the State was not entitled to prove the obstruction of a, public road.

State of W. Va. v. Fitch

164 W. Va. 337 · West Virginia Supreme Court · Mar 11, 1980

The State contends that even though the evidence of a prior offense was inadmissible under McAboy , its admission would not amount to reversible error because the error was harmless under the test established in State v. … The fact that the other offender was a juvenile is also immaterial since the adult may be punished “irrespective of the fact that the principal in the first degree, by reason of his status as a juvenile, may be immune from

In Re Dostert

174 W. Va. 258 · West Virginia Supreme Court · Nov 15, 1984

Both of these special grants of service credit clearly violate explicit constitutional prohibitions. West Virginia Constitution art. … Second, the Administrative Director mentions that although judges who are over sixty-five years of age need only serve eight years in order to qualify for retirement benefits and need only serve six years in order to qualify

Gibson v. Bower

137 W. Va. 462 · West Virginia Supreme Court · Oct 14, 1952

In the absence of such action, legally qualified voters would have been deprived of their right of suffrage. All the authorities we have examined disapprove such a result. … The pleadings available to a defendant, in mandamus are clearly set forth in Chapter 26, Article 1, Section 6, Acts of the Legislature, Regular Session, 1933.

Wheeling-Pittsburgh Steel Corp. v. Rowing

205 W. Va. 286 · West Virginia Supreme Court · Jul 16, 1999

While the JTPA clearly obligates recipients of program funding to establish grievance procedures, nothing in the statute or its implementing regulations suggest that siich procedures preempt or otherwise limit the pursuit … However, only “deliberate, clear and unequivocal” statements of fact qualify as judicial admissions. Matter of Corland Corp., 967 F.2d 1069, 1074 (5th Cir.1992) (citation omitted).

Armco, Inc. v. Hardesty

172 W. Va. 67 · West Virginia Supreme Court · May 25, 1983

Armco, Inc., is an Ohio corporation qualified to hold property and do business as a foreign corporation in West Virginia. … division in isolation has a limited business connection in this State. 3 Our cases involving our business and occupation tax 4 have responded to these United States Supreme Court opinions and have taken note of what is clearly

Wooddell v. Frye

144 W. Va. 755 · West Virginia Supreme Court · Nov 17, 1959

real estate shall dsend to any in my children if there be any living share and share alike, and I do nominate my wife Sadie Sue Wooddell to the Executor herefore and request that she be not required to give an security to qualify … Hannah to the bill of complaint and dismissed this suit, being clearly right, is affirmed. Affirmed.

Haudenschilt v. Haudenschilt

129 W. Va. 92 · West Virginia Supreme Court · Jun 11, 1946

Hauden-schilt, his wife, Auttie Haudenschilt, now deceased, qualified as administratrix of his personal estate; and on May 24, 1919, James S. Haudenschilt was appointed and qualified as guardian for plaintiff. … established, provided the complaining party has exercised diligence, and is not guilty of laches.” 21 Am.

Lance v. Board of Education of County of Roane

170 S.E.2d 783 · West Virginia Supreme Court · Nov 11, 1969

That there is no conflict or inconsistency between the two constitutional provisions here involved and the Equal Protection Clause of the Fourteenth Amendment is clearly established by the existence of numerous similar provisions … Now, unfortunately, for the first time, this Court, by the tortured and unwarranted application of the one person-one vote principle to a situation to which it clearly does not apply, and by invalidating clearly valid provisions

Spartan Mining Co. v. David Wayne Lusk

West Virginia Supreme Court · Jul 6, 2017

On February 7, 2012, Erin Saniga, a qualified rehabilitation provider, performed a vocational evaluation. Ms. Saniga concluded that Mr. Lusk was capable of performing sedentary level work. … On January 31, 2014, Casey Vass, a qualified rehabilitation provider, authored a vocational evaluation report. Mr. Vass concluded that Mr.