Case law

State ex rel. Churchman v. Hall

86 W. Va. 1 · West Virginia Supreme Court · Mar 16, 1920

For, although, as we have seen, section 6, after referring to the duty of the county court to recommend to the public health Council for appointment as county health officer a physician qualified to perform the duties of … The statute establishing the health department and prescribing the duties and defining the powers of the state health council and the charter of the City of Charleston relating to the same general subject speak the legislative

Haines v. Kimble

221 W. Va. 266 · West Virginia Supreme Court · Jun 28, 2007

Moreover, such perceived omissions occurred before Kimble qualified as executrix. … The majority has strayed far afield from this well-established principle. In sum, there is no dispute that Mr. Haines clearly intended to leave all of his worldly possessions to Ms. Haines as his sole heir.

STATE EX REL. LINCOLN JOURNAL v. Hustead

716 S.E.2d 507 · West Virginia Supreme Court · May 2, 2011

Petitioners asserted a qualified reporter's privilege under the First Amendment to the United States Constitution and under West Virginia state law. … no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal's order is clearly

Sprouse v. Clay Communication, Inc.

158 W. Va. 427 · West Virginia Supreme Court · Feb 4, 1975

In addition, the trial judge clearly intended to dismiss only the complaint and not the entire action. … In August of the same year, Sprouse signed as president when the corporation qualified to do business in West Virginia.

Thornton v. CAMC, ETC.

172 W. Va. 360 · West Virginia Supreme Court · Jul 8, 1983

We have not discovered any West Virginia decisions which clearly address the issue of how medical treatises may be used in the cross-examination of expert witnesses. … Once the trial court has concluded that the authoritativeness of the medical treatise has been established, then the expert may be cross-examined on it. Darling v.

Forest Coal Co. v. Doolittle

54 W. Va. 210 · West Virginia Supreme Court · Nov 28, 1903

If no person can establish such title, then the whole proceeds of the land go into the state treasury. … If it be held that he is qualified to sit in the cause, he must be held competent to sit in it for all purposes, with power to pass upon all rights involved.

Wetzel v. Jones

75 W. Va. 271 · West Virginia Supreme Court · Dec 15, 1914

established, indeed admitted, and his knowledge of the value of the property purchased- — this is the only just and proper answer to be returned to the inquiry. … Furthermore, many witnesses, abundantly qualified by reason of prolonged experience and definite knowledge derived from the management and control of the well in controversy, testified that on February 2, 1911, the interest

Bonnell v. Carr

170 W. Va. 493 · West Virginia Supreme Court · Jun 23, 1982

The reason advanced was that the board of education had the initial duty of following the statutory provisions and extending a contract unless it was determined that the teacher was not qualified. … We cannot say that the circuit court’s finding was clearly wrong.

Cummings v. Armstrong

34 W. Va. 1 · West Virginia Supreme Court · Jun 16, 1890

The second requires him to be competent in his art, and to duly qualify under oath. … Clearly the act intended that the officer should perform a duty which *13 would supersede the necessity of personal attention to these details by the court.

Lambert v. Metropolitan Life Insurance

123 W. Va. 547 · West Virginia Supreme Court · Oct 14, 1941

The rule is different where recovery is sought on a life insurance policy, and an excepted risk is sought to be established. There the burden of establishing the exception rests on the insurer. Goodbar v. … We think this position is clearly upheld by our own decisions, the decisions from other states, and in the Federal courts.

State v. Simmons

99 W. Va. 702 · West Virginia Supreme Court · Sep 29, 1925

S. 584 , in which the court said: ' “A rule of criminal pleading, which at one time obtained in some of the circuits, and perhaps received a qualified sanction from this court in United States v. … Tested by the ordinary rules of criminal pleadings, it seems to me, it is clearly insufficient.

S. MCCann and T. Ownes v. Lincoln Couty Board of Education and D. Wheeler and C. McComas v. Lincoln County Board of Education

West Virginia Supreme Court · Nov 17, 2020

This example clearly highlights the error in the Board’s descriptions, the titles on the same are reversed. … qualifications to the statutory definition of an employee’s job classification. 14 This Court has previously noted that “[o]ur Legislature has devoted great attention to the regulation of school service personnel, and has established

State v. Storey

182 W. Va. 328 · West Virginia Supreme Court · Dec 8, 1989

Clearly, he did not engage in the maneuver in such a way as to complete it before he arrived in the area potentially obscured by the curve and clearly marked by double lines as a no-passing zone. … Rather clearly, as indicated in State v. Vollmer, supra, and State v.

AMFM, LLC Commercial Holdings, LLC v. Kimberly Shanklin

818 S.E.2d 882 · West Virginia Supreme Court · May 30, 2018

It is merely an agency relationship, established by a written document, that continues during the principal's incapacity." Karen E. … In sum, the record clearly establishes that Kimberly exercised her rights and duties under the DPOA 1) for two years prior to the nursing home admission, 2) during the nursing home admission process, 3) throughout Mother

Town of Fayetteville v. Law

201 W. Va. 205 · West Virginia Supreme Court · Oct 3, 1997

Allstate Insurance Company, 197 W.Va. 415 , 475 S.E.2d 507 (1996) (underlying factual findings are reviewed under a “clearly erroneous” standard). … Inasmuch as the “clearly erroneous” standard is not helpful in that regard, the de novo standard must be applied.

State of West Virginia v. Tremale Leon Straughter

West Virginia Supreme Court · Sep 15, 2023

Straughter fails to establish error with respect to any of the issues presented and he fails, therefore, to establish the first prong required for application of the plain error doctrine. 2 Mr. … Straughter offered no evidence, however, to establish when the circuit court first received a qualified report and there is, therefore, no evidence that the circuit court failed to act in the statutory time frames.

Tate v. United Fuel Gas Co.

137 W. Va. 272 · West Virginia Supreme Court · Jun 10, 1952

We are here dealing with an exception qualifying and limiting the meaning of the term “minerals”. … Such exception clearly provides that Karney E.

West Virginia Department of Health & Human Resources, Ex Rel. Wright v. Doris S.

197 W. Va. 489 · West Virginia Supreme Court · Jul 8, 1996

Thus, the above-mentioned ease law clearly establishes that the term “knowingly” as used in West Virginia Code § 49-1-3(a)(1), does not require that a parent actually be present at the time the abuse *503 occurs, but rather … This concept is clearly established by West Virginia Code § 49-l-l(a) (1995) which provides: (a) The purpose of this chapter is to provide a comprehensive system of child welfare throughout the State which will assure to

263 Towing, Inc. v. Marcum Trucking Co.

222 W. Va. 80 · West Virginia Supreme Court · Mar 14, 2008

We established in syllabus point one of Israel by Israel v. … Contrary to the assertion of the sheriff, the petitioners’ legal right to seek relief through mandamus is firmly established in West Virginia Code § 7-5-9 (1923) (Repl.Vol. 2006), which clearly provides that: When any order

In Re Faith C.

225 W. Va. 629 · West Virginia Supreme Court · Jun 4, 2010

The guardian maintains that the evidence clearly establishes that Sophia sustained second-degree burns as a result of intentional immersion in scalding water. … Porter, establishes that Sophia was not intentionally burned.