Case law

Peerce v. Kitzmiller

19 W. Va. 564 · West Virginia Supreme Court · May 6, 1882

Then clearly there is nothing in said section of our Constitution, which is prohibited by the Constitution of the United States. … The meaning is, that every citizen shall hold his life, liberty, property and immunities under the protection of thegenernl rules, which govern society.

State ex rel. Massachusetts Mutual Life Insurance v. Sanders

228 W. Va. 749 · West Virginia Supreme Court · Feb 24, 2012

The plaintiffs claim the transaction involved fraud and tax fraud. 3 The 412i plan must be established by an employer as the sponsor of the plan and the plan itself is then established as a separate and distinct entity with … The Respondents claim that in order to make this transfer, MassMutual had to represent that the annuity was coming *753 from a qualified tax plan into another qualified tax plan.

Work v. Rogerson

152 W. Va. 169 · West Virginia Supreme Court · Mar 26, 1968

E. 650 , which reads as follows: “The law does not presume fraud, and he who alleges it must clearly and distinctly prove it; but *181 fraud may be legally inferred from facts and circumstances calculated to establish, it … preponderance of the evidence or is clearly wrong.

Bailey v. SWCC and Eastern Associated Coal Corp.

170 W. Va. 771 · West Virginia Supreme Court · Jun 24, 1982

In a slightly later case the Court used “jurisdictional” in quotation marks, clearly a reluctant and qualified usage of the term. Stewart v. State Compensation Director, 150 W.Va. 103 , 144 S.E.2d 327 (1965). … Industrial Commission, 111 Ariz. 364 , 529 P.2d 1181 (1974) which have established the rule that "... if a claimant appears to have a meritorious position and the facts do not establish an excessive delay, and the delay does

State v. Goodrich

14 W. Va. 834 · West Virginia Supreme Court · Nov 2, 1878

In the case before us the prisoner’s willingness to violate the law is clearly shown, and therefore the presumption that he was not violating the law when he married Fannie I. … have rendered doth set aside the verdict of the jury in this case, and doth remand the case to the circuit court of Harrison county, with directions to proceed in the manner prescribed by law to cause another jury duly qualified

Taylor v. State Compensation Commissioner

140 W. Va. 572 · West Virginia Supreme Court · Mar 8, 1955

Is a workman’s compensation claim inherently of such a different character or of such higher sanctity that it should be singled out and held immune to a statute of limitations? … It is universally held that the legislature may establish, or lengthen, or shorten, the time within which any sort of judicial, or quasi judicial, proceeding may be instituted for the enforcement of legal rights, provided

Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Brian Ettinger

West Virginia Supreme Court · Jun 13, 2023

On April 5, 2022, the circuit court entered an “Order Granting Writ of Prohibition” considering the factors this Court established in Syllabus Point 4 of State ex rel. Hoover v. Berger, 199 W. … He states that he was not convicted of, and did not enter a plea of any sort to, a qualifying offense that would trigger a license revocation under West Virginia Code § 17C-5-2b.

State of West Virginia v. William Leonard Beegle

237 W. Va. 692 · West Virginia Supreme Court · Apr 21, 2016

As a result, he contends the Ninth Street address continued to qualify as his address. … Consequently, the Act makes clear that the provision of a post office box will not qualify as a “physical residential address.” W.Va. Code § 15-12-2(d)(2).

State of West Virginia v. Daniel L. Herbert

234 W. Va. 576 · West Virginia Supreme Court · Nov 25, 2014

Therefore, we cannot say that the circuit court’s failure to qualify its transferred intent instruction amounted to reversible error under the plain error doctrine. E. … In analogous charges, prior convictions are clearly penalty enhancers, not necessary elements of the current crime charged. .

Anchor Coal Co. v. Public Service Commission

123 W. Va. 439 · West Virginia Supreme Court · Jun 10, 1941

Whether this rate, so established, was an “approved” rate or a “prescribed” rate is immaterial. … On March 23, 1936, the railway company established a domestic rate of eighty-seven cents from mines in the New River, Kanawha and Coal River fields to Huntington, West Virginia; and it voluntarily established a fifty-five

Hickman v. Painter

11 W. Va. 386 · West Virginia Supreme Court · Oct 25, 1877

It is well established that “ equity has jurisdiction whenever a lost instrument is to be set up, notwithstanding that the courts of law now exercise jurisdiction in the same cases:” Shields v. … The appellate court will not reverse, a decree in such a case unless it is clearly wrong; and as the circuit court has evidently done no great wrong, if any, in this decree, and none is apparent, I am of opinion that the

State Ex Rel. Daily Gazette Company v. Bailey

164 S.E.2d 414 · West Virginia Supreme Court · Nov 19, 1968

Laws pertaining to registration of voters are designed to ascertain the electors who are qualified to cast votes. … It is most relevant that these signers are required by statute to be "legally registered and qualified voters," and that they may subscribe to such certificate only in the magisterial district in which they are qualified

State v. Mills

157 W. Va. 674 · West Virginia Supreme Court · Mar 19, 1974

He testified that he was actively engaged in campaigning for the democratic candidate for sheriff in the general election and was selling “Tickets for Democrats” at the various commercial establishments that he visited on … This principle of law is clearly stated in the case of State Road Commission v.

Garska v. McCoy

167 W. Va. 59 · West Virginia Supreme Court · May 26, 1981

A.B., 161 W.Va. 332 , 242 S.E.2d 248 (1978) which established a strong *61 maternal presumption with regard to children of tender years. … However, where one parent can demonstrate with regard to a child of tender years that he or she is clearly the primary caretaker parent, then the court must further determine only whether the primary caretaker parent is a

Dave Sugar, Inc. v. West Virginia Human Rights Commission

203 W. Va. 90 · West Virginia Supreme Court · Jul 13, 1998

The circuit court concluded that Sugar had “successfully rebutted the presumption of discrimination by clearly establishing evidence of nondiscriminatory reasons for the decision not to consider complainant for employment … Respondent claimed that it already had enough qualified applicants prior to complainant’s application; however, the evidence revealed that it later hired a male who applied subsequently to do a job complainant was well qualified

Michael K.T. v. Tina L.T.

182 W. Va. 399 · West Virginia Supreme Court · Dec 21, 1989

West Virginia Code § 48A-6-1 clearly was not intended to apply to a proceeding where the issue is disproof, rather than proof of paternity. See note 4. Accordingly, W.Va. … As our Legislature has recognized, children clearly have a right to discover who their parents are and to have support and maintenance obligations established in their favor. See W.Va.Code §§ 48A-6-1 to 48A-6-6.

State v. Tincher

81 W. Va. 441 · West Virginia Supreme Court · Nov 27, 1917

But to have this effect the possession must be established by competent evidence. … Our decisions say inadmissible proof calls for reversal of a judgment of conviction, unless it appears clearly that its admission could not have affected the result. State v. Musgrave, 43 W. Va. 67 3; State v.

State v. Cook

228 W. Va. 563 · West Virginia Supreme Court · Oct 28, 2010

Given Appellant’s failure to establish actual first prong of Facemire—there would be no point in requiring the trial court to apply the second prong of Facemire , which is a balancing of the established prejudice against … Prior to Stephens , the issue of whether a babysitter qualified as a custodian under the statute had not been addressed.

State ex rel. Butts v. Wolford

86 W. Va. 549 · West Virginia Supreme Court · Jul 8, 1920

Hence, clearly legislative policy, as manifested in a general statute, is only one of the elements recognized in the enactment. … But there are, qualifying words which may require separate action and division of powers.

State Ex Rel. Donley v. Baker

112 W. Va. 263 · West Virginia Supreme Court · May 3, 1932

Petitioner qualified and listed certain property which was appraised at $16,000.00, and thereupon gave the statutory bond in double that amount. … In this case this vital and salutary provision of our fundamental law was clearly violated.”