Case law

Bilchak v. STATE WORKMEN'S COMPENSATION COM'R

153 W. Va. 288 · West Virginia Supreme Court · Jul 1, 1969

This principle is clearly stated in the syllabus of the case of Buckland v. … However, this principle does not relieve the claimants of the burden of establishing their claims, and the liberality rule cannot be considered as taking the place of proper and satisfactory proof. Hayes v.

Barber v. F. & M. Insurance Co. of Wheeling

16 W. Va. 658 · West Virginia Supreme Court · May 1, 1880

Pl. (14 Am. ed.) 479 and 1 Saunders 283, instead of antagonizing this nule, come, I think, clearly within the principle. … Hence it should now be held as the established practice that such matter being in defeasance or bar of the action, should be presented by plea and not by demurrer.

State ex rel. Letts v. Zakaib

189 W. Va. 616 · West Virginia Supreme Court · Jul 16, 1993

This response was inadequate and fails to establish good cause as required by the rule. … While the record clearly reveals that Petitioners’ counsel did not learn of the allergic reaction problem until two days after the hearing on the motion to compel, 5 no explanation is offered for the delay in this discovery

In re Z.M.

West Virginia Supreme Court · Jun 3, 2021

Petitioner also moved to amend her case plan on the basis that it required her to attend inpatient substance abuse treatment, for which she allegedly did not qualify. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

State Ex Rel. Bumgardner v. Mills

132 W. Va. 580 · West Virginia Supreme Court · Mar 22, 1949

E. 2d 296 ; or irregularities discoverable in the course of a recount which can be established only by evidence which is extrinsic to the election returns, State ex rel, Daugherty v. … They were questioned for this reason as the intention of the voter is clearly disclosed.

Wolford v. Wolford

133 W. Va. 403 · West Virginia Supreme Court · Nov 22, 1949

E. 504 , and the rule established therein is applied in Hewitt v. Hewitt, 120 W. Va. 151 , 197 S. E. 297 , and in Vickers v. Vickers, 95 W. Va. 323 , 122 S. E. 279 . … The Court should now, I believe, simply read out of the section in question the qualifying phrase “whether or not a divorce be prayed for.”

Ealy v. Shetler Ice Cream Co.

108 W. Va. 184 · West Virginia Supreme Court · Nov 12, 1929

Applying the foregoing principle of law to the evidence in the instant case, such part of the testimony as sought to establish the plaintiff’s right to compensation for the loss of three days’ time in attendance upon the … This testimony clearly falls beneath the ban of the last cited authorities.

Beard v. Beckley Coal Mining Co.

183 W. Va. 485 · West Virginia Supreme Court · Jul 25, 1990

dismiss had been raised by the parties and considered by the court, the motion to dismiss would be considered and treated as a motion for summary judgment. 6 The court proceeded to rule that the evidence of the appellant was “clearly … West Virginia Code § 23-4-2 (1985) provides that an employer in good standing with Workers' Compensation is immune from suit by an employee, except for liability involving "deliberate intention” under W.Va.Code § 23-4-2(c

Hazelwood v. Mercer County Board of Education

200 W. Va. 205 · West Virginia Supreme Court · Jun 11, 1997

Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.” See also syl. pt. 1, Bolyard v. … Va.Code, 29-6A-1, et seq. [1988], and based upon findings of fact, should not be reversed unless clearly wrong.”

In Re Estate of Thacker

152 W. Va. 455 · West Virginia Supreme Court · Nov 19, 1968

Hiner was appointed and qualified as executor. … In the circumstances disclosed by the record the evidence establishes clearly and convincingly an implied contract between Thacker and the claimant to compensate her for the personal services which she rendered him in his

Kline v. McCloud

174 W. Va. 369 · West Virginia Supreme Court · Jan 8, 1985

We believe that the price paid for a parcel of land in a recent arm’s length transaction is an indicator of market value on a par with the testimony of a qualified appraiser. II. … X, § lb. 20 This provision clearly permits consideration of the issues in this case and the circuit court erred in holding otherwise.

Mark V.H. v. Dolores J. M.

West Virginia Supreme Court · Sep 9, 2019

On January 2, 2015, the family court cautiously granted petitioner additional parenting time due to petitioner’s “ongoing relationship with a qualified mental health professional.” … N.L.R.B., 461 U.S. 731, 743 (1983) (“Just as false statements are not immunized by the First Amendment right to freedom of speech, baseless litigation is not immunized by the First Amendment right to petition.”

J.C., a Minor v. Pfizer, Inc, Roerig, a Division of Pfizer Inc.

814 S.E.2d 234 · West Virginia Supreme Court · May 15, 2018

Category X is the lowest category, used when use of the drug is not recommended for any pregnant women, as the risks clearly outweigh any benefits. … Urato was an extremely well qualified and important liability witness for Plaintiffs.

Venable v. Gulf Taxi Line

105 W. Va. 156 · West Virginia Supreme Court · Feb 7, 1928

said injury is in its nature permanent, how far the same was calculated to disable him after he became twenty-one years of age from engaging in those pursuits of employments which in the absence of his injury he might have qualified … Va. 193 , and had the passing approval of the court, but while it may have substantially stated *165 tbe law applicable to tbat case, the modification of the defendant’s instruction in this case, we think, more clearly defined

State ex rel. Games-Neely v. Sanders

220 W. Va. 230 · West Virginia Supreme Court · Feb 17, 2006

Va.Code §§ 5-1-9(f) and 5-1-9(h) clearly establish the maximum allowable time a defendant may be held on a fugitive warrant and leave no room for enlargement. For example, W. … However, CPL 570.36 and CPL 570.40 do not immunize the accused from extradition . . . ." (citations omitted)); Carter v.

In Re: B.L.-1, E.L., J.L., and B.L.-2

West Virginia Supreme Court · Jun 16, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … When that three-month period ended, the circuit court found at the second dispositional hearing that petitioner did not qualify for RSAT; was discharged from the drug court program; was the subject a prior abuse and neglect

Cochran v. Trussler

141 W. Va. 130 · West Virginia Supreme Court · Sep 27, 1955

Upon the issues thus made up, depositions were taken by both parties, and the following facts established. … Had the record clearly and certainly established arbitrary or capricious action on the part of the county superintendent in refusing to nominate petitioner after a clear showing that she had satisfactorily completed her three

Gaylord v. Hope Natural Gas Co.

122 W. Va. 205 · West Virginia Supreme Court · Mar 26, 1940

Maxwell' qualified as administrators of his estate. … We cannot say that the commissioner was clearly wrong, and under well established rules, we do not feel that we should disturb his finding as to values.

State v. Prater

52 W. Va. 132 · West Virginia Supreme Court · Dec 6, 1902

That fixes the degree of the tendency and clearly overcomes the objection. … clearly. shown.

State ex rel. McMannis v. Mohn

163 W. Va. 129 · West Virginia Supreme Court · Jan 1, 1979

While is it necessary to establish a factual basis to prove the recidivist charge, these facts do not bear upon the defendant’s guilt of a substantive offense. In Syllabus Point 1 of Conner v. Griffith, W. … Va., 238 S.E.2d 529 (1977), we defined the content of our Double Jeopardy Clause as follows: “The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution