Case law

In Re Tyler D.

213 W. Va. 149 · West Virginia Supreme Court · Feb 19, 2003

Amanda D. was unable to produce immunization records for the children and was unsure when Nevaeh D., who appeared to be sick, had last been to a doctor. … However, they assert that the evidentiary record establishes a classic case of failure to protect by a parent.

J. C. Penney Co. v. Haradesty

164 W. Va. 525 · West Virginia Supreme Court · Dec 18, 1979

Taxpayer admits that he has qualified to do business in this State and has employees engaged in the erection of steel tanks in this State. … Comment, State Taxation of Interstate Business: An End to the Privilege Tax Immunity, 29 Univ. Fla. L.

Cotiga Development Co. v. United Fuel Gas Co.

147 W. Va. 484 · West Virginia Supreme Court · Dec 11, 1962

Assuming that the alleged usage and custom with all requisite elements has been established in accordance with the rather stringent requirements of law, we believe that the present situation is not one which calls for or … Had the lease contained a mere covenant “to pay the taxes” without more and without qualifying language, the force of the statute might have obviated any possible ambiguity.

In Re the Estate of Siler

155 W. Va. 743 · West Virginia Supreme Court · Mar 21, 1972

s funeral, The Old National Bank of Martinsburg qualified as Administrator of his estate, ostensibly for protection of the estate. … The controlling question in this case is: Did the proponents establish a valid and unrevoked will?

In re R.W.

West Virginia Supreme Court · Jun 3, 2021

Lewis was qualified as an expert in this field and testified to the drugs for which petitioner tested positive and the levels of various drugs present in these samples. According to Mr. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

In re: T.M., X.M. and A.M.

West Virginia Supreme Court · Nov 4, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … These uncontroverted facts established the issues that needed to be remedied during the proceedings below.

William T. Widmyer v. David Ballard, Warden

West Virginia Supreme Court · May 15, 2015

In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … In fact, he clearly states that it is to be placed in his “legal file for further use.” As such, it is disingenuous for petitioner to now claim that his first Losh list was merely a draft.

Timothy O'Dell v. David Ballard, Warden

West Virginia Supreme Court · Nov 22, 2013

If necessary for effective utilization of discovery procedures, counsel shall be appointed by the court for a petitioner who qualifies for the appointment of counsel under Rule 3(a). … “In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Lawrence's Adm'r. v. Hyde

77 W. Va. 639 · West Virginia Supreme Court · Feb 22, 1916

Tested by this general rule, both declarations would be clearly good, if they had alleged plaintiff’s appointment. … In lieu thereof, the court gave one properly qualifying the proposition to the assumption of such hazards as the youth had capacity to appreciate. Adams v. C. & O. Railway Co., 73 W. Va. 698 .

State ex rel. Emery v. Rodgers

138 W. Va. 562 · West Virginia Supreme Court · Jul 7, 1953

Mellon National Bank and Trust Co., supra, and the record in this case indicates clearly that a proper interpretation of the mandate of this Court, issued pursuant to that opinion, was an effective direction to set aside … The foregoing rule is qualified to the effect that facts must be alleged in the pleadings and established by proof, i. e., rightfully invoked before the rule is applicable. Perkins v. Hall, 123 W. Va. 707, 720 , 17 S.

State v. Lucas

103 W. Va. 743 · West Virginia Supreme Court · May 24, 1927

The defendant claims that the fact of the homicide was not established; that the evidence does not prove that deceased came to his death by any act of the defendant. … This witness said he could see what occurred clearly; that the lights in Thompson’s room and the kitchen were shining on the porch through the open doors.

Meadows v. Meadows

196 W. Va. 56 · West Virginia Supreme Court · Feb 14, 1996

Again, our statute is clearly a remedial one, and the exception to it should be narrowly construed. … It arises out of the usual lack of qualified testimony in litigation involving a will.

James v. Knotts

227 W. Va. 65 · West Virginia Supreme Court · Nov 18, 2010

On May 1, 2006, Irene Nelson’s last will and testament was admitted to probate by the County Commission of Clay County, and the appellants were qualified as co-executrixes of the estate. … Irene Nelson clearly possessed the requisite testamentary capacity to execute her will. The appellants are therefore entitled to judgment notwithstanding the verdict. 7 IV.

Maslin's Ex'rs v. Hiett

37 W. Va. 15 · West Virginia Supreme Court · Nov 19, 1892

years had already barred this note on April 1, 1870, when fit is claimed that the respondent removed from the State. .But in point of fact, wdien we come to consider that the period of obstruction is a positive fact, in the establishment … of which the burden of pi’oof is clearly upon the plaintiffs, it is quite clear that they have-not met that burden, but that the preponderance of evidence is in favor of the position of respondent, who swears that he did

White v. Williamson

192 W. Va. 683 · West Virginia Supreme Court · Dec 21, 1994

on appeal unless it clearly appears that such discretion has been abused.” … Williamson clearly does not require training to re-enter the job market.

State of West Virginia v. Edward James Perod

West Virginia Supreme Court · Feb 21, 2017

Lanham (who was qualified as an expert in the area of fire causation and origin), and the investigating officers. … Lanham’s testimony was necessary to establish the elements of first-degree arson.

In re M.M

West Virginia Supreme Court · Nov 14, 2024

Hensley, who was qualified as an expert on family reunification. Ms. … Instead, those findings must be clearly erroneous.

Board of Education of the County of Mercer v. Wirt

192 W. Va. 568 · West Virginia Supreme Court · Dec 21, 1994

It is preferable to keep a qualified employee on than to train a new one. … Wirt is not clearly erroneous. III.

Welsh v. Welsh

136 W. Va. 914 · West Virginia Supreme Court · Feb 19, 1952

Clearly such provisions do not indicate any attempt to affect dower rights. … Welsh, the qualified executor under the will, professes to be of the belief that the assignment to Blair V.

Darnall v. Board of Park Commissioners

124 W. Va. 787 · West Virginia Supreme Court · Oct 27, 1942

We think it devolves upon the Board of Park Commissioners to clearly establish their claim for the reason that it is fundamental that “Laws imposing taxes must be construed strictly and most strongly against the state, and … The Board of Park Commissioners is an elective body, selected by the qualified voters of the park district, which is the City of Huntington.