Case law

Butcher v. Kunst

65 W. Va. 384 · West Virginia Supreme Court · Mar 23, 1909

Butcher, she would be wholly incompetent, if a resident and otherwise qualified to administer the estate. … Next it is said that it is necessary for a creditor applying for administration to establish by affidavit or otherwise the nature, character and amount of his debt and that his debt is not fictitious.

Metropolitan Life Insurance v. Lamb

117 W. Va. 306 · West Virginia Supreme Court · Mar 25, 1936

Litz, Judge: This is a suit to establish a preference against an insolvent bank. … A holding that would be followed by such disastrous consequences to other persons must not be made unless the justification therefor is clearly established.”

Bank of Raleigh v. Thompson

177 W. Va. 162 · West Virginia Supreme Court · Nov 28, 1986

However, certain general principles have been established which are applicable to all such cases. Id. … However, in her will, the testatrix clearly referred to the word “income” when it was her intent to do so.

Walls v. McKinney

139 W. Va. 866 · West Virginia Supreme Court · May 18, 1954

We find nothing in this record which shows clearly that the plaintiff was an independent contractor. … The circumstances of his employment and the payment on an hourly and trip basis for his labor are not sufficient to clearly establish the relationship of independent contractor.

Patricia Ann S. v. James Daniel S.

190 W. Va. 6 · West Virginia Supreme Court · Jul 23, 1993

The parties agree that the guidelines for establishing custody are clearly set forth in Garska v. McCoy, 167 W.Va. 59 , 278 S.E.2d 357 (1981). … However, in syllabus point 5 of Garska , we pointed out, "[i]f the trial court is unable to establish that one parent has clearly taken primary responsibility for the caring and nurturing duties of a child neither party shall

Huffman v. Goals Coal Co.

223 W. Va. 724 · West Virginia Supreme Court · Jun 9, 2009

Code § 29A-5-4(a) and reviews questions of law presented de novo; findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.”); Syllabus Point … It is the duty of the legislature to consider facts, establish policy, and embody that policy in legislation.

Burnell v. City of Morgantown

210 W. Va. 506 · West Virginia Supreme Court · Nov 13, 2001

It is clearly the weight of authority, and it is expressly provided in our Constitution, that in the event of an inconsistency or conflict between a charter provision and a general law, the latter will prevail_Therefore, … A total of only three-employee associations will be permitted as the exclusive representative of City personnel for the purpose of establishing collective bargaining contracts.

King v. Ferguson

198 W. Va. 307 · West Virginia Supreme Court · Nov 15, 1996

Rossi stated: “As far as what she [plaintiff] may or may not lose in the future, I don’t think I’m qualified to give you an opinion.” … The plaintiffs own expert retracted his opinion on this issue and indicated he was not qualified to address the matter.

Redman v. Community Hotel Corp.

138 W. Va. 456 · West Virginia Supreme Court · Jun 16, 1953

This being true, it necessarily follows that where the evidence produced on the trial clearly establishes defendant was in no manner negligent in respect to the facts which gave rise to the inference, there remains no question … contributory negligence has been so established.

Hawley v. Levy

99 W. Va. 335 · West Virginia Supreme Court · Jun 9, 1925

Nesbitt relative to selling him' the bakery equipment, which resulted in Nesbitt agreeing, as he said, “to buy the goods”, although he qualified that statement by saying that no contract was then entered into. … The conduct of both seller and buyer clearly indicates that it was mutually understood that the payment of the sight draft and the signing of the contract should take place before the possession of the goods should be delivered

E.B. v. Alliance Coal, LLC (included, Justice Armstead, joined by Justice Bunn, dissenting)

West Virginia Supreme Court · Apr 25, 2025

Before this Court, 3 petitioner argues that he established good cause for remanding his case to the BOR so that he can obtain an evaluation from a qualified psychiatrist. … Zell was a qualified psychiatrist, we find that the ICA erred by not remanding petitioner’s case to the BOR so that he can submit a psychiatric evaluation obtained from a qualified psychiatrist. See W. Va.

Apollo Civic Theatre, Inc. v. State Tax Commissioner

223 W. Va. 79 · West Virginia Supreme Court · Dec 10, 2008

“To prevent evasion, it is presumed that all sales and services are subject to the [consumer sales] tax until the contrary is clearly established.” W.Va.Code, 11 — 15—6(b) [2003]. … The record in the instant ease clearly establishes that the activities and programs of the taxpayer, the Apollo Civic Theatre, contribute importantly to improving health and fitness and providing recreational opportunities

Harman v. Appalachian Power Co.

77 W. Va. 48 · West Virginia Supreme Court · Oct 26, 1915

In this case, there were no excusing or justifying circumstances, calling for qualifying matter in the instructions. … The comment on this admission was clearly legitimate.

Green v. Charleston Area Medical Center, Inc.

215 W. Va. 628 · West Virginia Supreme Court · Jun 29, 2004

To establish the negligence of Charleston Area Medical Center, the appellant took the position that Dr. … Husted to testify as an expert witness because in the eodrt’s judgment, the appellant failed to qualify Dr. Husted as an expert capable of rendering the type of opinion sought.

McVean v. City of Elkins

127 W. Va. 225 · West Virginia Supreme Court · Nov 21, 1944

But however desirable, or even necessary, such a playground may be, that fact, though clearly established or admitted, casts no light upon the proper construction of the Davis deed, and does not, in any way, affect the rights … The defendants vigorously contend that they are immune to a proceeding, by the plaintiff individually or on behalf of himself and other citizens and taxpayers in his situation, seeking to control them in what they consider

Jay Lawrence Smith v. Teresa Tarr, W. Va. Judicial Investigation Commission

West Virginia Supreme Court · Jan 12, 2015

Daily Gazette is clearly distinguishable from this case, and Smithers does not stand for such a proposition. … However, there are limits on access by the public and press to a criminal trial, since in this area a long-established constitutional right to a fair trial is accorded the defendant.”).

Committee on Legal Ethics of the West Virginia State Bar v. Printz

187 W. Va. 182 · West Virginia Supreme Court · Mar 23, 1992

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … This legal proposition translates as follows: Age-encrusted custom is not undeservedly cherished as having almost statutory force, and this is the kind of law which is said to be established by use and wont.

PPG Industries, Inc. v. Douglas L. Steele

West Virginia Supreme Court · Feb 10, 2023

Steele submitted sufficient evidence to establish that he was exposed to benzene in the course of his employment at PPG. … Infante and Mehta were more qualified in the area of benzene exposure and CLL causality than Dr. Martin. Further, the opinions of Drs.

Charleston National Bank v. Thru Bible Radio Network

203 W. Va. 345 · West Virginia Supreme Court · Jul 15, 1998

Ellison’s will does not qualify as a valid holographic will since it contains printed material in addition to Mrs. Ellison’s handwritten material. Thru the Bible maintains that Mrs. … The testatrix' intent to name Thru the Bible Radio as the residuary beneficiary is established by her reference to the "radio ministery (sic)” in the residuary bequest and the attachment of the address of Thru the Bible Radio

State Ex Rel. Pinson v. Maynard

181 W. Va. 662 · West Virginia Supreme Court · Jul 24, 1989

prejudice in order, the court in Lawson concluding [wjhile the defendants are entitled to the remedy of dismissal for violation of their constitutionally protected rights, they are not entitled to the reward of permanent immunity … "In balancing [the opposing interests] in cases of alleged prosecutorial over reaching during grand jury proceedings, the federal courts have clearly established the principle ‘that the dismissal of an indictment on the basis