Case law

Newcomb v. Brooks

16 W. Va. 32 · West Virginia Supreme Court · Dec 20, 1879

But those authorities which thus qualify the general rule all agree, that a purchase by a fiduciary of trust-property will always be scanned in a court of equity with the most searching and questioning suspicion, and will … The authorities we have cited clearly sustain this as law.

Parfitt v. Sterling Veneer & Basket Co.

68 W. Va. 438 · West Virginia Supreme Court · Dec 20, 1910

Why, clearly the handwriting. It is said by this Court in Tower v. Whip, 53 W. … Ward, 9 Grat. 622, purporting to qualify Shepherd v.

Carroll v. Flanagan

135 W. Va. 234 · West Virginia Supreme Court · Jan 30, 1951

But as matters of substance in pleading are necessarily clothed with form, the imaginary line between the two forms of demurrer, attempted to be established by the British Parliament in the enactment of 27 Eliz., c. 5, was … Clearly it was the duty of the executor, having been duly qualified to seek to retrieve and take into his possession all personal property which may have been appropriated by the defendant and which rightly belonged to the

Pack v. Shanklin

43 W. Va. 304 · West Virginia Supreme Court · Apr 10, 1897

Shanldin were by said will appointed executors, and duly qualified as such, and took charge of said estate, both real and personal. … The vast domains of the clergy acquired by the Catholic establishment, of Prance are. known to us all.

Vanessa T. v. Shawn G.

West Virginia Supreme Court · Jun 17, 2019

In the August 18, 2017, agreed order, the Boone County Family Court found that the parties’ case did not qualify for “subsidized payments to the GAL through the Supreme Court [of Appeals] of [W]est [V]irginia[.]” … Respondent counters that the Boone County Family Court’s September 20, 2017, order should be affirmed because its findings are not clearly erroneous.

State v. McClure

184 W. Va. 418 · West Virginia Supreme Court · Dec 19, 1990

In that case, the Court stated in syllabus point 3 that: Out-of-court statements made by the victim of a sexual assault may not be introduced by a third party unless the statements qualify as an excited utterance under Rule … Obviously, a distinguishing feature between the Richey and Franklin cases was the fact that in the one case the presence and goals of the individuals were prominent and clear to the jury and clearly aimed at influencing the

Hinkle v. Black

164 W. Va. 112 · West Virginia Supreme Court · Dec 18, 1979

Code, 56-9-1 [1939] provides: A circuit court, or any court of limited jurisdiction established pursuant to the provisions of section 1, article VIII of the Constitution of this State, wherein an action, suit, motion or other … to attain the relief he or she desires. * * * (2) The petitioner will be damaged or prejudiced in a way not correctable on appeal (This guideline is closely related to the first). * * * (3) The district court’s order is clearly

William Caudill, duly appointed guardian of minor infants T.M. and C.M., Charles Samuel Hammett, Kimberly Dawn Hammett, and Haylie Hammett v. EAN Holdings LLC, d/b/a Enterprise Rent-A-Car, Buenaventura Jesurum, Empire Fire and Marine Insurance Company, Rental Insurance Services, Inc,, and Rafael Lorenzo Herrera

West Virginia Supreme Court · Apr 26, 2022

Herrera—who did not qualify to rent a vehicle from EAN due to lack of credit and proof of permanent address—did not qualify as an authorized driver of Mr. Jesurum’s rental vehicle. According to Mr. … Herrera’s inability to rent a car from EAN and to qualify as an “additional authorized driver” on the rental agreement are relevant to his competency to operate a vehicle, safely. They are not: Mr.

State v. Bragg

140 W. Va. 585 · West Virginia Supreme Court · Mar 8, 1955

Bragg then went with Dolly Rice to the West Virginia Hotel, an establishment located in the City of Logan, where they spent the night together. … The threshold question is whether the venue of the case was established to lie iii Kanawha County.

Christine Blanda v. Martin & Seibert, LC

West Virginia Supreme Court · Nov 22, 2019

violation of the substantial public policy embodied in West Virginia Code § 61-3-24 (obtaining money by false pretenses).10 Respondents counter that our 8 138 S.Ct. 767, __ U.S. __ (holding that for a person to qualify … Pa. 1993) (finding plaintiff’s termination for gratuitously alerting others about defendants’ improper billing practice did not violate type of significant, clearly mandated public policy required to satisfy the very narrow

In re A.L. and B.L.

West Virginia Supreme Court · Jun 1, 2026

Drew Barzman, whom the court qualified as an expert in the field of forensic psychology, to testify. Dr. … Here, the record clearly established that the petitioner sexually abused B.L. and that the degree of family stress and potential for further abuse was so great that it precluded the use of assistive resources.

American Buttonhole Overseaming Sewing Machine Co. v. Burlack

35 W. Va. 647 · West Virginia Supreme Court · Dec 17, 1891

They would go to establish what no professional man would directly aver ; and that is, that a delivery is not necessary at all.” Id. 79. … the obligor must bear the loss ; such principle has in this case no application. (2) If the instrument is delivered to the obligee by the obligor, being perfect on its face, then the verbal condition made at the time to qualify

Larry Myers v. Outdoor Express and Workforce West Virginia

235 W. Va. 457 · West Virginia Supreme Court · May 13, 2015

16(1) [1997], states that “employment” means service “performed for wages or under any contract of hire, written 8  In this case, it is undisputed that Myers did not qualify … C.S.R., 21A-2-11.01 (1991), Employer’s Report of Low Earnings, the information required to establish partial unemployment includes “the earnings during the week.”

Rose v. Rose

176 W. Va. 18 · West Virginia Supreme Court · Feb 7, 1986

sought by both the mother and father, the court must determine in the first instance whether the primary caretaker is a fit parent, and where the primary caretaker achieves the minimum, objective standard of behavior which qualifies … Nevertheless, [i]t is well established that in controversies relating to the custody and care of children, the child, if he or she is of the age of discretion, should be consulted and due weight should be given to his or

Hechler v. Casey

175 W. Va. 434 · West Virginia Supreme Court · Aug 8, 1985

. & I., an Ohio corporation, in January, 1985, qualified to transact business in the State of West Virginia. … Under W.Va.Code, 53-5-9 [1931], they clearly would be recoverable by a private litigant.

State Ex Rel. Humphries v. McBride

220 W. Va. 362 · West Virginia Supreme Court · Jun 28, 2007

Here, the conflict was clearly at odds with the fair and efficient administration of justice. … performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified

Oates v. Continental Insurance Co.

137 W. Va. 501 · West Virginia Supreme Court · Nov 11, 1952

As against the charge of incendiarism the plaintiff sought to establish an alibi. … Clearly she ratified the policy, and it is equally clear that that policy constituted “other insurance.”

Raymond Pratt v. David Ballard, Warden

238 W. Va. 184 · West Virginia Supreme Court · Nov 9, 2016

establishes the commission of the offense in the other jurisdiction.”). 7 W.Va. … Third-degree murder in Pennsylvania and second-degree murder in West Virginia are both “catch-all” offenses for any murder that fails to qualify as a murder of a more aggravated degree.

Transportation Co. v. Standard Oil Co.

50 W. Va. 611 · West Virginia Supreme Court · Jan 28, 1902

There is no right better established under the law of business than the right of trade competition. Mogul S. S. Co. v. McGregor, 21 Q. B. Div. 544, 23 Id. 598; Hutly v. Simmons, 1 (1898) 2 B. D. Div. 181. … But it does seem to me that though those customers had such right, it did not impart to the defendants any right and immunity to step in between them and the plaintiff and induce those customers to withdraw their patronage

In re: N.H., C.H., and B.H.

241 W. Va. 648 · West Virginia Supreme Court · May 17, 2019

Standard of Review Our standard of review for abuse and neglect cases is well established. … These findings shall not be set aside by a reviewing court unless clearly erroneous.