Case law

Opinions from 1658 to today.

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  • Clendenin Lumber & Supply Co. v. Carpenter

    172 W. Va. 375 · West Virginia Supreme Court · Jul 8, 1983

    that “nothing herein contained shall be construed as affecting the right of employer and employees to agree between themselves as to deductions to be made from the payroll of employees_” As the definition of “deductions” clearly … credit” because "the Board (Board of Governors of the Federal Reserve System) believed that a plan in which purchases are contemplated from time to time with finance charges imposed on the outstanding unpaid balance, would qualify

    Cited 19 timesPublished
  • Cecil v. Clark

    44 W. Va. 659 · West Virginia Supreme Court · Apr 9, 1898

    Clearly, there is jurisdiction under the head of partition for the Hall heirs, because the defendants are clearly co-tenants with them, if their deed to Johnson be set aside as they prayed. Mrs. … Estop. 219 says: “A state is bound by her judicial pleadings and admissions, the same as private persons, and is entitled to no greater right or immunity as a litigant than they are.

    Cited 57 timesPublished
  • In The Matter of: Judge William M. Watkins, III

    West Virginia Supreme Court · Mar 26, 2013

    “Every judge of a court of record of this State shall be enrolled as an inactive member [of the bar] during his or her continuance in such office[.]” 13 lawyer is no longer qualified … When a judge insults, ridicules, or disparages counsel, the parties, jurors, or witnesses, it is clearly misconduct.

    Cited 0 timesPublished
  • Lawyer Disciplinary Board v. Ball

    219 W. Va. 296 · West Virginia Supreme Court · Jun 15, 2006

    established that Mr. … Ball was qualified as the executor of both wills. 9 . Additionally, a trust was apparently set up for Ms. Davis after her sister’s death. Mr.

    Cited 11 timesPublished
  • Winkler v. State School Building Authority

    189 W. Va. 748 · West Virginia Supreme Court · Jul 22, 1993

    All Bonds issued under the Indenture are *753 secured by a pledge of moneys appropriated by the West Virginia State Legislature and transferred to United National Bank, as the trustee, for deposit in the Revenue Fund established … If the issue involves a traditionally settled area of law, such as contracts or property as distinguished from torts, and the new rule was not clearly foreshadowed, then retroactivity is less justified.

    Cited 34 timesPublished
  • Riggs v. West Virginia University Hospitals, Inc.

    221 W. Va. 646 · West Virginia Supreme Court · Jan 3, 2008

    Therefore, the law requires that expert medical testimony be presented to establish the standard of care to be exercised by medical care providers, whether the defendant’s conduct amounted to a deviation from the standard … The first factor looks to whether the party has assumed a position clearly inconsistent with one taken earlier in the case.

    Cited 5 timesPublished
  • Annon v. Lucas

    155 W. Va. 368 · West Virginia Supreme Court · Dec 6, 1971

    Annon qualified as the executor of the estate of James M. Annon on January 19, 1966, and as executor paid funeral bills, medical bills, taxes and other debts of James M. Annon. On April 19, 1967, Walter H. … Clearly an oral contract could not and does not constitute a deed. Moreover, it is signed by both parties instead of by the grantor only, and generally only the grantor signs a deed unless it is an inter partes deed.

    Cited 28 timesPublished
  • State Ex Rel. Collins v. Bedell

    194 W. Va. 390 · West Virginia Supreme Court · Jul 12, 1995

    VIII, § 10 otherwise provides, in pertinent part, that a jury in a magistrate court “shall consist of six jurors who are qualified as prescribed by law.” 2 The petitioners argue that even if they had a jury in the magistrate … Clearly, petitioner Collins could not have anticipated waiving his right to a jury trial on appeal in the circuit court when he waived his right to a jury trial in the magistrate court proceeding.

    Cited 22 timesPublished
  • State ex rel. Morley v. Godfrey

    54 W. Va. 54 · West Virginia Supreme Court · Nov 14, 1903

    This clearly means that, in giving the property in question immunity from condemnation, and conferring upon it a status and character which rendered it secure from invasion or molestation by railway companies seeking rights … J., said the writ might go as to so much of the bill as pertained to the establishment of the right, saying “You must not try that there.”

    Cited 23 timesPublished
  • E.K. v. W. Va. Dept. of Health and Human Resources

    West Virginia Supreme Court · Nov 7, 2017

    Thus, the DHHR has not argued the defense of governmental immunity. 2 See W.Va. … Code § 55–2–15 (1923) (Repl.Vol.1994) clearly prohibits the application of the discovery rule to extend the statutory filing periods provided by [W. Va. Code § 55-2-15].” 202 W.

    Cited 0 timesPublished
  • Jones v. Jones

    209 W. Va. 701 · West Virginia Supreme Court · Jun 22, 2001

    Following her death, her will was admitted to probate before the McDowell County Commission on March 27, 1990, and Sydney and Kyle qualified as eo-exeeutors of her estate. … Poteet, 62 W.Va. 231 , 57 S.E. 811 (1907), this Court reiterated a rule long-established in West Virginia, as well as in Virginia and England. *706 That Syllabus Point states that: “One entitled to any benefit under a will

    Cited 0 timesPublished
  • Wood v. Harmison

    41 W. Va. 376 · West Virginia Supreme Court · Nov 30, 1895

    Harmison from her husband void as to creditors with debts established by the record, and holds the land liable in her hands to their payment. … Verlander seems inconsistent with the true rule, and he qualifies it, I may say, as a statement of a general rule, by saying that, as applied to the particular facts, it was correct, as I say also. Mrs.

    Cited 40 timesPublished
  • David Ballard, Warden v. Richard Lee Hunt, Jr.

    West Virginia Supreme Court · Apr 9, 2015

    In addition, children often have greater 1 “Pedophilic disorder” is discussed more fully, infra. 2 difficulty than adults in establishing … At trial, the prosecution 5 introduced the testimony of an expert qualified in the field of psychology.

    Cited 0 timesSeparate
  • Monongahela Power Co. v. Chief, Office of Water Resources, Division of Environmental Protection

    211 W. Va. 619 · West Virginia Supreme Court · Jul 1, 2002

    The Board is further ordered to hear the appeals of streams listed on the 1998 303(d) list, and determine whether the streams on the list qualify for listing in light of these findings of fact and conclusions of law, and … The issuance of a 303(d) list clearly is not a “failure or refusal of the [Chief of the Office of Water Resources] to act within the specified time.”

    Cited 4 timesPublished
  • SER Discover Financial Services, Inc. v. Hon. David W. Nibert and SER Glaxosmithkline, LLC v. Hon. James H. Young, Jr.

    231 W. Va. 227 · West Virginia Supreme Court · Jun 4, 2013

    A twelve-member Ethics Commission is established under the Act. See W. Va. Code § 6B-2-1 (2008) (Repl. Vol. 2010). … Vol. 2006) only authorizes the Attorney General to “[d]elegate his powers and duties under this chapter to qualified personnel in his office[.]”

    Cited 18 timesPublished
  • James N. Mauldin v. Shelby Searls, Superintendent, Huttonsville Correctional Center

    West Virginia Supreme Court · Aug 31, 2022

    'In West Virginia Courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … Looking at her testimony as a whole, Dawkins clearly blamed the Petitioner for inflicting the beatings. 103.

    Cited 0 timesPublished
  • Travis v. Alcon Laboratories, Inc.

    202 W. Va. 369 · West Virginia Supreme Court · May 21, 1998

    The liability clearly does not extend to mere' insults, indignities, threats, annoyances, petty oppressions, or other trivialities. … Clearly, that relationship is not an arm's length one between strangers.”

    Cited 219 timesPublished
  • Huntington Sanitary Board v. Public Service Commission of West Virginia and Hubbard Heights Subdivision Association

    West Virginia Supreme Court · May 23, 2025

    The PSC responds that its jurisdiction, once established, is not intermittent and cannot be constantly reassessed based on fluctuating numbers of customers. … So we shift our analysis to the PSC’s consideration of HSB as a qualifying CPU under the statutory criteria outlined in West Virginia Code § 24-2H-5(b), which provides In determining whether a utility is

    Cited 0 timesPublished
  • Alderson v. Commissioners

    31 W. Va. 633 · West Virginia Supreme Court · Dec 5, 1888

    If this position is tenable, then clearly the rule ought to be quashed ; as in such case it ought not to have issued, there being nothing alleged in the petition to justify it. … Va. 806 , and it was insisted, that the act was unconstitutional, because the constitution guaranties every qualified citizen the right to vote, which would amount to nothing, if the vote were not counted, when the voter

    Cited 13 timesPublished
  • State v. Eilola

    226 W. Va. 698 · West Virginia Supreme Court · Nov 23, 2010

    Clearly the Legislature did not intend these results. 220 W.Va. at 107 , 640 S.E.2d at 170 . However, as the State correctly contends, W. Va. … In fact, in the instant case the defendant initially retained counsel and did not qualify as an indigent.

    Cited 39 timesPublished

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