Case law

E.O.R. v. M.D.W.

West Virginia Supreme Court · Mar 8, 2018

Father asserts that, because a car is an automobile, Mother’s receipt of her car as a gift qualifies as an “in kind payment.” … It is well-established that, “the word ‘may’ is inherently permissive in nature and connotes discretion.” Daily Gazette Co. Inc. v. W.Va.

Cochrane v. Hyre

49 W. Va. 315 · West Virginia Supreme Court · Mar 23, 1901

The demurrer is grounded upon the failure of the bill to show authority of plaintiff to sue as guardian, for whom he is guardian, or that he has qualified. … And it seems also to be pretty well established that actual notice is not necessary.

State v. Wade

174 W. Va. 381 · West Virginia Supreme Court · Feb 28, 1985

[gave] ... material false testimony under oath_” The information clearly informed the appellant of the nature and cause of the accusation against the appellant, contained the essential facts that constituted the charge and … After establishing that such a relationship exists, a party has a right to obtain individual voir dire of the challenged juror to determine possible prejudice or bias arising from the relationship.

State of Florida, Department of Health & Rehabilitative Services Ex Rel. State, Department of Human Services v. Thornton

183 W. Va. 513 · West Virginia Supreme Court · Jul 27, 1990

At the conclusion of the November 13, 1989 hearing, the Thorntons’ counsel made a motion to have C.H. examined by a duly-qualified expert to determine what effect a custodial change would have on the child. … If this allegation is true, we would be forced to conclude that Florida’s jurisdiction over the child had clearly lapsed. See Templeton, 595 F.Supp. at 774-75 .

WE LONG CO.-INDEPENDENT BAKERS'COOP. v. Burdett

126 S.E.2d 181 · West Virginia Supreme Court · Jun 26, 1962

That the petitioners have complied with and satisfied the statutory requirements is established by the undisputed facts stipulated between the parties. … Section 9 of the statute indicates clearly that the title and ownership of a trade-mark are not determined or concluded by its registration under the statute and that the title and ownership of a trade-mark, regardless of

State of West Virginia v. Michael Paul Conn

West Virginia Supreme Court · Apr 11, 2022

Clearly, this holding emasculates the language of West Virginia Code § 15-12-2(c), which provides that “[a]ny person who has been convicted of a criminal offense where the sentencing judge made a written finding that the … It is the duty of the Legislature to consider facts, establish policy, and embody that policy in legislation.

McIntosh v. Vail

126 W. Va. 395 · West Virginia Supreme Court · Dec 7, 1943

E. 298 , wherein the word “produced”, qualifying a reservation of oil and gas, was held not to mean oil and gas in place. … Hence, from the foregoing, it must be said that there was effected affirmatively a severance of all the oil and gas in place reserved in their entities to the grantor, and as clearly the same factors negative any right of

Straughan v. Hallwood

30 W. Va. 274 · West Virginia Supreme Court · Nov 12, 1887

The law as I have stated it, sustained by the Alabama decisions, while not disputed, so far as I know, is nevertheless qualified by the decision in Pinch v. Anthony, 10 Allen, 471 , 477. … PI. §§ 12, 58, — as establishing this legal proposition, which he states in his brief. There is no question but these, and innumerable other cases show clearly that this is the law.

In re K.B.-R and L.R.

West Virginia Supreme Court · May 27, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Dean; an expert witness qualified in “trauma informed care,” Shelle Bernstein Goff; and Petitioner Mother. The court also conducted in camera interviews of L.R. and K.B.

State v. South Penn Oil Co.

42 W. Va. 80 · West Virginia Supreme Court · Apr 4, 1896

IIow much can be left out, or to what extent the above can be limited and qualified, and still have it a judicial act, in the proper sense, or make it quasi judicial, is not easy to say. … Now, in eases of divided ownership in the latter sense, the policy of the law is to make a divided assessment and valuation for the purpose of separate taxation, as indicated clearly by the present act and other laws on the

Carrico v. West Virginia Cent. & P. R'y Co.

24 L.R.A. 50 · West Virginia Supreme Court · Mar 24, 1894

Of course evidence must be relevant, as tending to establish some material matter in the case. Is this at all relevant ? … I do not think it tells the jury, that if the arm was inside the window, all else to fix liability on the company was established. It would be rather straining the instruction to say so.

Morgan v. Grace Hospital, Inc.

149 W. Va. 783 · West Virginia Supreme Court · Jun 29, 1965

Must she be penalized and denied a day in court and must the defendants and their employees be rendered immune from any redress of the wrong inflicted upon the plaintiff merely because apparently the wrong or tort could be … On the contrary the rule applied in those cases constitutes a well recognized and clearly defined exception to the rule that the cause of action accrues, and the statute begins to run, in personal injury actions, from the

Boyle v. Beltzhoover

119 W. Va. 626 · West Virginia Supreme Court · Feb 22, 1938

held and said purchase ratified, and it was agreed, as appeared from the minutes of that meeting, that in consideration of Boyle’s transfer of his purchase, he was to receive the entire stock of the corporation other than qualifying … A situation requiring action on the part of Boyle may not clearly be said to have arisen until about July, 1935, when Beltzhoover made an attack upon Boyle’s right to any of said stock.

State ex rel. Mays v. Brown

71 W. Va. 519 · West Virginia Supreme Court · Dec 19, 1912

The people ■clearly meant something by the change. … Their military character cannot give them immunity for unreasonable excess of force.

Conrad v. Ara Szabo

198 W. Va. 362 · West Virginia Supreme Court · Dec 5, 1996

The proper inquiry is as follows: “To establish a claim for sexual harassment under the West Virginia Human Rights Act, W. … Norandex, Inc., 194 W.Va. 727 , 461 S.E.2d 473 (1995), the circuit court’s rulings are clearly wrong. The provision in question makes it an unlawful discriminatory practice: “For any person ...

Roberts v. Crouse

89 W. Va. 15 · West Virginia Supreme Court · Sep 13, 1921

Crouse qualified as guardian for his children, and in 1901 E. B. … The often quoted rule that “ignorance of the law excuses no one” is subject to many exceptions and modifications as firmly established as the rule itself. 10 R. C.

TXO Production Corp. v. Alliance Resources Corp.

187 W. Va. 457 · West Virginia Supreme Court · May 14, 1992

The proffered evidence was clearly relevant to the issue of malice. Furthermore, as we stated in Syllabus Point 2 of State v. … Second, as we explained above, this evidence is clearly probative of the material issue of whether TXO acted with malice.

SER Mary C. Sutphin v. The Honorable Darl W. Poling, A. David Abrams, Jr., Rachel L. Abrams Hopkins, Sarah A. Abrams, Langhorne Abrams, Estate of Nancy R. Smith, Kate M. Hatfield, and Ann Donegan.

West Virginia Supreme Court · Mar 21, 2025

set forth a three-part test, all elements of which must be satisfied, to allow a deposition of opposing counsel to go forward: We do not hold that opposing trial counsel is absolutely immune … As to the fourth factor, we have been presented with no evidence establishing that this an “oft repeated or persistent” issue.

STATE EX REL. ROY ALLEN v. Stone

474 S.E.2d 554 · West Virginia Supreme Court · Jun 14, 1996

We are not convinced, however, that confining liberty to the most specific level of a tradition will either effectively limit judicial discretion (what "traditions" qualify and what is their most specific level of questions … putative father clearly and convincingly proves as a threshold matter that he has established a substantial paternal relationship with the child.

Welch v. County Court of Wetzel County

29 W. Va. 63 · West Virginia Supreme Court · Nov 13, 1886

This-was certainly the equivalent of, “'an order, that the plaintiff take nothing by his suit,” and clearly distinguishes the case before us from thé Texas case. … case of contested election, though it may be too literal a construction of the law to say, that they could not be opened by the County Court in detérmining the question, whether the county-seat had been by the vote of the qualified