Case law

Capper v. Gates

193 W. Va. 9 · West Virginia Supreme Court · Dec 8, 1994

There was clearly no abuse of discretion here. Mr. DiMagno had been deposed twice before, albeit by a lawyer no longer involved in this case. As for Mr. … DiMagno, a registered civil-engineer who is also qualified to perform the duties of a licensed land surveyor in West Virginia, Mr.

State v. Rummer

189 W. Va. 369 · West Virginia Supreme Court · May 28, 1993

Griffith, 160 W.Va. 680 , 288 S.E.2d 529 (1977): “The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted … If each requires proof of a fact that the other does not, the Blockburger test is satisfied, notwithstanding a substantial overlap in the proof offered to establish the crimes.’ ” 450 U.S. at 337-38 , 101 S.Ct. at 1141-42

Parker v. United States Building, Land & Loan Ass'n

19 W. Va. 769 · West Virginia Supreme Court · May 6, 1882

These words are clearly in their connection to be regarded as in a sense technical. … The best the Legislature could do was to qualify the words “ loan” and “ premium,” which did not express accurately the ideas intended to be conveyed, and to say “ loans ad *778 vanced” and “ premiums bid.”

In re: J.A.,A.A.,Z.A.,S.A., and J.A.

West Virginia Supreme Court · Oct 18, 2019

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The parents were not qualified, and the maternal grandmother was either not able or willing, to provide home instruction.

J. W. Ellison, Son & Co. v. Flat Top Grocery Co.

69 W. Va. 380 · West Virginia Supreme Court · May 9, 1911

Can the Flat Top Company receive 123 car loads of hay, and then cancel the contract, leave the undelivered hay on the hands of the Ellison Company, and be immune from damages? … In the next place, it is clearly proven that the defendant failed to give orders for shipment in several instances, though requested to do -so.

Forshey v. Jackson

222 W. Va. 743 · West Virginia Supreme Court · Jan 9, 2009

Thus, rules of civil procedure clearly contemplate some factual *756 statement in support of the claim. Huey v. Barloga, 277 F.Supp. 864, 871 (N.D.Ill.1967). Fass v. … Additionally, we observe that the circuit court's order clearly states that it was dismissing the matter based upon Dr. Jackson’s 12(b) motion to dismiss. .

M.H. v. C.H. and B.H.

West Virginia Supreme Court · Nov 20, 2019

In reviewing a final order entered by a circuit court judge upon a review of, or upon a refusal to review, a final order of a family court judge, we review the findings of fact made by the family court judge under the clearly … This addition to Section 201 (among other things) clarified that a child need not be the victim of both abuse and neglect in order to qualify for protection under the law and does not change our analysis.

Czaja v. Czaja

208 W. Va. 62 · West Virginia Supreme Court · Jul 11, 2000

The court must explain its reasons clearly on the record if it decides a sanction is appropriate. … State of Illinois, 391 U.S. 194, 207 , 88 S.Ct. 1477 , 20 L.Ed.2d 522 (1968) (segmenting right to jury trials between those contempts which qualify as petty offenses based on nominal period of incarceration and contempts

State of W.Va. ex rel. Biafore v. Earl Ray Tomblin

West Virginia Supreme Court · Jan 22, 2016

In 1963, the legislature repealed chapter three of the West Virginia Code and enacted a new chapter three, “all relating to the establishment, administration and regulation of elections and election procedures[.]” 1963 … (continued...) 5  As reflected in the legislative history discussed above, and for the last eighty- five years, West Virginia Code § 3-10-5 has clearly

Wellman v. Energy Resources, Inc.

210 W. Va. 200 · West Virginia Supreme Court · Jul 6, 2001

Such a conclusion is also consistent with the long-established expectation of lessors in this State, that they would receive one-eighth of the sale price received by the lessor. … , Inc., argues that the Circuit Court of Logan County should have allowed a jury to determine if its breach of the leases involved in this case was willful, intentional, or in bad faith, the evidence in this case rather clearly

Smith v. Workers' Compensation Commissioner

179 W. Va. 782 · West Virginia Supreme Court · Sep 16, 1988

The Commissioner and Appeal Board interpreted the second injury fund statute as requiring a claimant to prove some degree of additional permanent partial disability in his current claim in order to qualify for a life award … When an order of the Appeal Board denies a claimant a total disability rating and a life award under the second injury statute in the face of uncontroverted evidence clearly establishing total disability, such order must

State v. Ellsworth

175 W. Va. 64 · West Virginia Supreme Court · Jun 6, 1985

Code, 49-5-8(d), in 1978. 6 The function of a proviso in a statute is to modify, restrain, or conditionally qualify the preceding subject to which it refers. Eaton v. … This clearly serves the interests of both the State and the defendant." 11 . Syllabus Points 1 and 2 of Stanley state: "1.

State Ex Rel. Levitt v. Bordenkircher

176 W. Va. 162 · West Virginia Supreme Court · Mar 12, 1986

Those witnesses, qualified as experts in the practice of criminal law, indicated that the appellant's conviction resulted from ineffective assistance of counsel. … However, the confession clearly establishes murder of the first degree, under the West Virginia felony-murder rule.

Acker v. Martin

136 W. Va. 503 · West Virginia Supreme Court · Dec 4, 1951

E. 2d 793 ; and (2) fraud is never presumed, but must be established by one who alleges it by clear and distinct proof. Hunt v. Hunt, 91 W. Va. 685 , 114 S. E. 283 ; Bennett v. … Acker and her husband, a fact of which she evidently had knowledge, and she should have known that the insurance adjuster was not a person qualified to render any opinion as to the probability of permanent, injuries.

West Virginia Highlands Conservancy, Inc. v. Public Service Commission of West Virginia

206 W. Va. 633 · West Virginia Supreme Court · Dec 14, 1998

qualifies as a public utility. … Even assuming, arguendo, that the doctrine of veil piercing was applicable for purposes of establishing subject matter jurisdiction, it appears that the law would still not support veil piercing under the facts of this case

State v. Hughes

22 W. Va. 743 · West Virginia Supreme Court · Jul 7, 1883

United States the law is established to the same effect.” … No doubt the law would have been laid down more clearly if this word “reasonable,” in this part of this instruction, had been used to qualify- the word “doubt,” but as it was done directly afterwards in the same instruction

Raines v. Watson

2 W. Va. 371 · West Virginia Supreme Court · Jan 15, 1868

The latter statute is clearly more comprehensive in the expressions quoted than the former. … Vinor, Carthew, 252, is relied upon as establishing this doctrine.

SER AMFM, LLC v. Hon. Charles E. King, etc.

230 W. Va. 471 · West Virginia Supreme Court · Jan 24, 2013

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 … care decision making for incapacitated adults, including the use of advance directives, which reduces the need for judicial involvement and defines the circumstances under which immunity

Hall v. Bank of Virginia

14 W. Va. 584 · West Virginia Supreme Court · Dec 21, 1878

Any words, which clearly designate and comprehend the property, are sufficient. … We think this condition is clearly implied in the license, and that the company by constructing its road there assented to it.

Accident Insurance Co. v. Dawson

53 W. Va. 619 · West Virginia Supreme Court · May 16, 1903

Recurring again' to previous legislation, we come to chapter 117 of the Acts of 1867, the first section of which reads as follows: “All insurance companies establishing agencies or doing business in this State, except life … shows that the words “fire or marine insurance company,” in the first part of the section was not intended by the Legislature to limit or qualify, as antecedent words, the words, “no foreign insurance companjq” found in