Case law

McCabe v. City of Parkersburg

79 S.E.2d 87 · West Virginia Supreme Court · Dec 14, 1953

Buell, a qualified engineer, testifying in plaintiff's behalf, unequivocally stated that the washing away of the land immediately adjacent to the rear of plaintiff's lot caused her land to slip away, causing the slough about … "A verdict clearly in excess of the amount which the evidence shows the plaintiff is justly entitled to recover should be set aside by the trial court." Syl. Pt. 2, Thomason v.

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.

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.

Boughner v. Hall

24 W. Va. 249 · West Virginia Supreme Court · May 3, 1884

A careful examination of the evidence in this case clearly shows that as early as the 5th day of February, 1857, the defendant, William M. … The common law rule of evideneg excluded the testimony of the interested witness, while the testimony of one disinterested credible witness was sufficient in most cases to establish the disputed fact.

Postlewaite v. Wise

17 W. Va. 1 · West Virginia Supreme Court · Nov 13, 1880

one hundred and thirty five of the Code of Virginia of 1860, page six hundred and nine provides, that the action of ejectment may be brought whenever it could be brought at common law; and these New York decisions show clearly … And we have seen, that the mere fact, that the seventh section above referred to qualifies the withholding by the word unlawful, does not require of the pleader in every case to do so; for in some cases we have seen, it is

Harper v. Pauley

139 W. Va. 17 · West Virginia Supreme Court · Dec 1, 1953

We are clearly of the opinion that the contract in controversy is not void on its face for uncertainty in the description of the land agreed to be sold. … In these circumstances, we think no waiver is established.

State v. Voiers

134 W. Va. 690 · West Virginia Supreme Court · Oct 3, 1950

Bennett, Auditor, 8 W.Va. 74 , that: "The provision in the Constitution of this State, (Art. 6, sec., 30) that no law shall embrace more than one object, as qualified by the provision in the same section, that if any object … Summers, and the taking of the dog by the defendant are all clearly established, as is the fact that the dog was in the possession of the defendant from the time he first took possession thereof to the time he returned to

State ex rel. Roy Allen S. v. Stone

196 W. Va. 624 · West Virginia Supreme Court · Jun 14, 1996

putative father clearly and convincingly proves as a threshold matter that he has established a substantial paternal relationship with the child. … a father-child relationship may have been established.

Roger P. v. Pszczolkowski, Superintendent

West Virginia Supreme Court · May 20, 2021

Petitioner has not made such a showing here; he has failed to establish that the performance of either Mr. Rasheed or Mr. … In addition, “[t]he true test of whether a juror is qualified to serve on the panel is whether he or she can render a verdict solely on the evidence without bias or prejudice under the instructions of the court.” Id.

Wheeling Park Commission v. Joseph and Kerry Dattoli

237 W. Va. 275 · West Virginia Supreme Court · Jun 2, 2016

Code § 29 -12A-4(c)(2)-(4) (1986), and they contend that they clearly established at trial that the Commission breached this duty. … Code § 29 -12A-4(c) clearly makes a political subdivision or its employees liable for their “negligent failure to keep ... public grounds within the political subdivisions ... in repair.”

Potomac Comprehensive Diagnostic & Guidance Center, Inc., aka Potomac Center, Inc. v. L.K., By Her Guardian and Conservator, Kelly Young, and D.S., By His Guardian and Conservator, Kelly Young

West Virginia Supreme Court · Jun 5, 2024

Even if Rules 401 and 403 were satisfied here, the reports contain a substantial amount of hearsay, some of which was clearly inadmissible. … (C) making the record was a regular practice of that activity; (D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that

Bettinger v. Bettinger

183 W. Va. 528 · West Virginia Supreme Court · Jul 17, 1990

Indeed, the use of the term “discretionary income” in this section clearly indicates that the primary support obligation has been calculated. The term “discretionary income” under 6 W.Va. … In 1985, under the Retirement Equity Act of 1984, 29 U.S.C. § 1056 (d)(3) (1986); I.R.C. § 414, employee spouses may assign their retirement benefits to nonemployee spouses or dependents under a qualified domestic relations

State of West Virginia v. Vaughn

West Virginia Supreme Court · Oct 29, 2021

It recognized that petitioner was convicted of a qualifying offense that involved a minor so petitioner is subject to the lifetime registration requirement. … “We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard.

PNGI Charles Town Gaming, LLC v. Reynolds

229 W. Va. 123 · West Virginia Supreme Court · Nov 18, 2011

Va.C.S.R. where “the context clearly requires a different meaning.” … When a person is excluded from a racetrack or is suspended, he or she is not qualified, whether acting as agent or otherwise, to subscribe for, to enter or run any horse in any race either in his or her own name or in that

Brian Parks v. Donnie Ames, Superintendent, Mt. Olive Correctional Facility

West Virginia Supreme Court · Jul 30, 2020

“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 cases involving a criminal conviction based upon a guilty plea, the prejudice requirement of the two-part test established by Strickland v.

In Re: Damron

131 W. Va. 66 · West Virginia Supreme Court · Dec 16, 1947

of the courts, for the protection of the legal profession and the public, and the maintenance of their own power and dignity, to remove from the profession an unfit member, they should discharge that duty only when it is clearly … established that misconduct which justifies such drastic action has, in fact, occurred.

McGraw v. Hansbarger

171 W. Va. 758 · West Virginia Supreme Court · Mar 31, 1983

The statute provides that all such centers shall have a plan for the provision of diagnostic, treatment, supportive and aftercare services, and a sufficient number of qualified staff to provide these services. … Clearly, magistrates are not required by law to act in such a capacity. Magistrates are judicial officers charged with specific judicial duties. See generally Donaldson v.

Sutherland v. Miller

79 W. Va. 796 · West Virginia Supreme Court · Mar 13, 1917

It reads: “At any time within sixty days after any primary or other election, the attorney general, any prosecuting attorney, any candidate voted for at such election, or any one hundred qualified voters, upon giving bond … They do not inaugurate or *807 establish the public policy of the state. That would be an infringement of article five of the constitution.

State v. Garrett

195 W. Va. 630 · West Virginia Supreme Court · Dec 11, 1995

A qualified opinion may nonetheless assist the jury. Thus, the degree of the expert’s certainty normally goes to the weight of the evidence, not to its admissibility.”). See also United States v. … Clearly, then, the propriety of the trial court’s in limine order which limited Dr. Sopher’s testimony to his observations at the postmortem examination is called into question.

Laidley v. Kline's Adm'r

23 W. Va. 565 · West Virginia Supreme Court · Mar 22, 1884

Such is the recognized and established practice of the courts of this State — Marling v. Robrecht, 13 W. Va. 440 ; Neely v. Jones 16 Id. 625; Arnold v. Casner, 22 Id. 444. … Bor instance, if it be a judgment on which no exetion has issued and the personal representative shall qualify eight years, after the date of the judgment, then the creditor will have but two years from the date of such qualification