Case law

Houser v. Ruffner

18 W. Va. 244 · West Virginia Supreme Court · Jul 1, 1881

When there are two conflicting clauses the principle is, that you are not to disturb the prior devise farther than is absolutely necessary for the purpose of giving effect to posterior qualifying disposition. … It is now fully established, that the general intent of the testator, though first expressed, will overrule the particular intent.” In Pruden v.

Griffith v. Conagra Brands, Inc.

229 W. Va. 190 · West Virginia Supreme Court · May 24, 2012

In 1997, CA Foods established ConAgra Brands for the purpose of centralizing the management and protection of its trademark and trade name portfolio. … Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977), the Supreme Court of the United States confirmed that interstate commerce is not immune from state taxation.

Ancel W. v. David Ballard, Warden

West Virginia Supreme Court · Oct 28, 2016

(3) denying petitioner’s motion for judgment of acquittal; (4) violating a sequestration order; (5) denying a request for a mistrial; (6) allowing testimony regarding other bad acts; (7) permitting false testimony; (8) qualifying … We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a

State Ex Rel. Brown v. Corporation of Bolivar

209 W. Va. 138 · West Virginia Supreme Court · Dec 12, 2000

The town of Bolivar clearly exercised a power it did not possess when it adopted the moratorium on December 7, 1999. … Clearly under Bittinger , *143 Ms. Brown, Mr.

Meade v. State Compensation Commissioner

147 W. Va. 72 · West Virginia Supreme Court · May 29, 1962

The Court reconsidered the two prior decisions referred to herein immediately above, refused to qualify or depart from them, and, accordingly, treated the marriage as absolutely void. See also 58 W. Va. Law Rev. 128. … annulment of marriages, concludes as follows: “In every such case, and in every other case where the validity of a marriage is called in question, it shall be presumed that the marriage is valid, unless the contrary be clearly

State Ex Rel. Matthews v. Anderson

127 W. Va. 147 · West Virginia Supreme Court · Oct 25, 1944

restaurant operated by the respondent in an insecure place. (7) That in three instances ballots were marked in respondent’s office by persons expecting to be absent on election day, and he permitted literate and physically qualified … The questioning of the soldier when he applied for an absent voter’s ballot was neither proper nor pertinent, and the incident just described clearly shows the necessity of an investigation of the registration records in

State v. Johnson

197 W. Va. 575 · West Virginia Supreme Court · May 21, 1996

Clearly, the factual allegations for first offense DUI were set forth in the indictment. … Code, 17C-5-2 [1986], which establishes the penalties for driving under the influence of alcohol, controlled substances or drugs. W. Va.

Gillingham v. Stephenson

209 W. Va. 741 · West Virginia Supreme Court · Jul 10, 2001

Clearly, to the extent that Ms. Gillingham and Mr. Bumgardner established a prima facie case of negligence in violating traffic statutes, the evidence submitted by Mr. … Stephenson established that it was difficult for anyone to clearly know that black ice was on the roadway. Consequently, numerous drivers lost control of their vehicles and collided.

State v. Conley

118 W. Va. 508 · West Virginia Supreme Court · Apr 3, 1937

Applying these authorities to..the case before, us, we *523 think it fair to say that the defendants, occupying their respective positions, and having qualified as such, entered into a covenant or undertaking with the public … Estoppels do not generally bind a State, that is estoppel by conduct of its officers. *532 ‘Clearly the State cannot be estopped by unauthorized acts of its officers.’ Bigelow on Estoppel, 341; U. S. v.

In re J.C.

West Virginia Supreme Court · Feb 1, 2022

future and in fact she had a therapist now who testified he had not treated and is not qualified to treat those issues.” … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Newman v. Kay

68 L.R.A. 908 · West Virginia Supreme Court · Feb 7, 1905

This evidence, which has been hereinbefore fully stated, in my judgment, not only fails to rebut the presumption of a sale in gross arising from the face of the deed, but it clearly establishes the fact that it was intended … Reference is made to the fiduciary character of the vendor, but the decision is clearly not based solely upon his want of authority.'

Maslin v. B. & O. R. R.

14 W. Va. 180 · West Virginia Supreme Court · Nov 16, 1878

Henderson, above cited was the case of a drover’s pass and the contract stipulated for immunity in case of injury from negligence of its agents or otherwise. … The second instruction given by the court should have been further qualified by adding at its end : “Provided such modifications are just and reasonable in law;” but the failure to so qualify it was no injury to the defendant

Rogers v. Rogers

185 W. Va. 102 · West Virginia Supreme Court · Apr 25, 1991

Clearly, the increase in value of the property was due “to a change in market value resulting from conditions outside the control of the parties” under the provisions of W.Va.Code, 48-2-1(f)(6) [1986]. … This Court also wants to point out that we are aware of the provisions of I.R.C. § 71 (1988) and the tax advantages of qualifying alimony payments under that section. See J.

Barlow v. Daniels

25 W. Va. 512 · West Virginia Supreme Court · Apr 4, 1885

"While a common law jury is, as we have seen, ex vi termini, a jury of twelve persons, it is clearly within the power of the people, by a constitutional provision, to make the number less, or, if they choose, to qualify in … The case before us is upon a contract to pay a specified sum of money and is clearly a “suit at common law.”

Cochran v. Appalachian Power Co.

162 W. Va. 86 · West Virginia Supreme Court · Jul 11, 1978

We feel that the complaint, set forth above in full, clearly and unambiguously alleged a breach of contract. … and will not ordinarily be disturbed on appeal unless clearly and prejudicially erroneous.

State of West Virginia v. William T. Wilfong

West Virginia Supreme Court · Nov 17, 2022

Wilfong does not argue that because the conduct prohibited by West Virginia Code § 61-7-7(a)(3) may impact rights protected by the Second Amendment of the United States Constitution, the State has the burden of establishing … Wilfong’s regular use of marijuana over an extended period of time put him on notice that he qualified as an “unlawful user” of a controlled substance, who was prohibited from possessing a firearm under West Virginia Code

State Ex Rel. Farley v. Spaulding

203 W. Va. 275 · West Virginia Supreme Court · Nov 9, 1998

Ratliff is qualified by training and experience to be the Court's Marshal; NOW, THEREFORE, IT IS ORDERED, that Douglas M. … Moreover, W.Va.Code § 8-14-7 (1998) makes it mandatory that every qualified municipality establish a "Policemen's Civil Service Commission." [15] Finally, in order for an individual to become a municipal police officer, W.Va.Code

Citynet, LLC v. Ray Toney

235 W. Va. 79 · West Virginia Supreme Court · Feb 6, 2015

FACTUAL AND PROCEDURAL HISTORY On January 1, 2008, Citynet established an Employee Incentive Plan (“Plan”). … This means that the plan does not qualify to be a retirement plan like the Citynet 40IK Plan.

Poteet v. County Commissioners

30 W. Va. 58 · West Virginia Supreme Court · Jun 29, 1887

of curators and guardians and the settlement of their accounts; the establishment of roads and mills, &c. … In the latter case the public might suffer some inconvenience from a prolonged investigation, as the time, when the officer should qualify, might pass during the continuance of the contest, and accordingly under our statute

State v. Spence

182 W. Va. 472 · West Virginia Supreme Court · Dec 20, 1989

On the other hand, we have refused to hold a photographic array unduly suggestive where one photograph depicted a man clearly older than the others, State v. … Even if it were clearly established that the defendant’s name had been given to the victim before she saw the photographs, this information alone would not have tainted the array because the photographs contained no identification