Case law

Calwell v. Caperton's Adm'rs

27 W. Va. 397 · West Virginia Supreme Court · Feb 6, 1886

It is insisted in argument by the counsel for the appellee “ that an indorsement upon a bond, placed there by the obligee, qualifying the same, however slightly, in favor of the obligee, is tobe considered as incorporated … None ot these cases present, nor do any of them refer to any case which present the proposition sought to be established by the counsel for the ap-pellee, that an obligee entering by mistake a credit upon a bond without the

State v. Daggett

167 W. Va. 411 · West Virginia Supreme Court · Jul 13, 1981

Heinlein’s earlier testimony at the pre-trial hearing was clearly inconsistent, and the appellant should have been allowed to attempt to impeach the psychiatrist. … “An offense qualifies as a lesser included offense only if the elements of the included offense are fewer in number than the elements of the greater offense, and if the greater offense cannot be committed without also committing

State Ex Rel. Matko v. Ziegler

154 W. Va. 872 · West Virginia Supreme Court · Mar 16, 1971

Nine of the sixteen grand jurors who on October 16, 1970 had been notified to attend did not appear, and after the organization of the grand jury by the selection of the necessary number of qualified persons to constitute … The statute clearly contemplates summary action by the trial court, in which a proceeding is pending, and makes no provision for notice to the prosecuting attorney or for a hearing concerning his disqualification to act in

C.C. and J.C., as next friends of the minor child M.C. v. Harrison County Board of Education

West Virginia Supreme Court · Jun 17, 2021

the employee’s liability— as opposed to the subdivision’s liability—would not be barred, if one of the statutory exceptions to employee immunity in W.Va. … In fact, in that case, the Court specifically avoided establishing the boundaries for such an action.

Amos v. Stockert

47 W. Va. 109 · West Virginia Supreme Court · Nov 28, 1899

Higginbotham was elected and qualified as such special judge to try the case, and the defendant, by leave of the court, filed his plea Noi 4, of the statue of limitations, to which the plaintiff replied generally, and issue … “Where a defamatory charge is made in general terms, it can only be justified by a specification of the facts which are relied on to establish its truth.” Fry v.

Women's Health Center of West Virginia, Inc. v. Panepinto

191 W. Va. 436 · West Virginia Supreme Court · Jul 21, 1994

This disparity in funding by the State clearly operates to coerce indigent pregnant women to bear children they would not otherwise choose to have, and just as clearly, this coercion can only operate upon the poor, who are … The majority has chosen to cast aside well-established legal principles to reach its conclusion.

John N. Kenney v. Samuel C. Liston

233 W. Va. 620 · West Virginia Supreme Court · Jun 4, 2014

Co., 375 U.S. 253, 255 , 84 S.Ct. 316 , 11 L.Ed.2d 307 (1963) ("In our view the likelihood of misuse by the jury clearly outweighs the value of this evidence. … Gallegos, 365 S.W.3d 173 (Tex.App.2012) (although indigent plaintiff qualified for healthcare charity program and received medical services free of charge, reasonable medical expense was “incurred” and could be recovered

State v. VanHoose

227 W. Va. 37 · West Virginia Supreme Court · Oct 14, 2010

These facts clearly establish that Mrs. VanHoose was a material witness. … Further, after Stone was dis *49 qualified, defendant [’s] .•.. replacement attorney ... assisted defendant in ultimately having Stone reinstated as defense counsel.

State of West Virginia v. Steward Butler

239 W. Va. 168 · West Virginia Supreme Court · May 9, 2017

The statute clearly provides: If any person- does by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in … Certain individuals are targeted for violence because they are perceived to violate socially-established protocols for gender and sex roles.

State Ex Rel. Farley v. Kramer

153 W. Va. 159 · West Virginia Supreme Court · Jul 24, 1969

The decision of the majority to the contrary disregards the statute and is clearly erroneous. … The foregoing facts are established beyond question and show clearly that the petitioner was not brought to trial until after three regular terms of court had elapsed after the return of the first indictment and in consequence

In re H.D.

West Virginia Supreme Court · Jun 2, 2023

They would tell us over the phone that I was not – I would not qualify either because I had no recent use or because of the TB or both.” … It is later established (and confirmed by DHHR) 3 that A.T. finished the tuberculosis treatments in early February and was medically cleared at that point.

State v. Stacy

181 W. Va. 736 · West Virginia Supreme Court · Jul 21, 1989

As stated in Romine , "[i]t clearly follows that if the court's instructions are erroneous as to the law the jury's ultimate finding will likely be erroneous. … The defendant's highly qualified Ohio attorney never once argued that the State had failed to prove felony-murder.

Keefer v. Ferrell

221 W. Va. 348 · West Virginia Supreme Court · Dec 19, 2007

West Virginia's insurance statutes establish a list of things that must be included in every automobile insurance policy. … Under the Farm Family policy, an individual must be "using" or "occupying" a covered auto at the time of injury in order to qualify for uninsured motorist coverage.

State Ex Rel. Meadows v. Hechler

195 W. Va. 11 · West Virginia Supreme Court · Jul 19, 1995

In our case, the Legislature delegated a broad responsibility to the Executive branch for the purpose of establishing standards and enforcement mechanisms concerning personal care homes. … twenty-four hours, to four or more persons who are dependent upon the services of others by reason of physical or mental impairment who may require limited and intermittent nursing care, including those individuals who qualify

Haymond v. Camden

22 W. Va. 180 · West Virginia Supreme Court · Sep 29, 1883

derrogation of the common law as well as liable to be abused and used oppressively, it must be construed strictly and confined rigidly within the prescribed limits of the statute and not be allowed in cases which do not clearly … Ware, supra, so far as.they countenance or attempt to make any such distinction and qualify the doctrine announced and applied by the Supreme Court of the United States in Dean v. Nelson and Lasere v.

Banker v. Banker

196 W. Va. 535 · West Virginia Supreme Court · May 17, 1996

The Legislature established in W.Va.Code, 48-2-16(b) (1984), sixteen factors which must be considered “in determining the amount of alimony.” … recommendation, findings and conclusions of a master found to be: "(1) Arbitrary, capricious, an abuse of discretion or otherwise not in conformance with the law; "(2) Contrary to constitutional right, power, privilege or immunity

Boggs v. Camden-Clark Memorial Hospital Corp.

225 W. Va. 300 · West Virginia Supreme Court · Apr 1, 2010

Susman Godfrey, L.L.P., 982 S.W.2d 472, 476-77 (Tex.App.1998) (“To qualify as a professional service, the task must arise out of acts particular to the individual’s specialized vocation. … The Declarations page of the policy clearly shows that Mr. Hayhurst did not purchase coverage for professional liability from CIC. Moreover, Mr.

State Ex Rel. Koontz v. Smith

134 W. Va. 876 · West Virginia Supreme Court · Dec 12, 1950

of County Commissioner of the County of Wayne, State of West Virginia for the term of six years beginning on January 1, 1939, and ending on January 1, 1945, and until his successor shall be duly elected or appointed and qualified … I agree with the proposition of law stated in Point 3 of the syllabus, and with the final conclusion of the majority, but believe that the declaration alleges facts which clearly establish that the sums sued for were received

Patrick D. and Katherine F. Leggett v. EQT Production Co.

West Virginia Supreme Court · Nov 17, 2016

Va. 770, 777, 461 S.E.2d 516, 523 (1995) (“Where an act is clearly remedial in nature, we must construe the statute liberally so as to furnish and accomplish all the purposes intended.”) (citations omitted). … covenant to market recognized in Wellman and Tawney demand that the statutorily mandated one-eighth proportionate royalty paid to the lessor-owners of oil and gas interests, here the landowners, remain supremely constant, immune

DeVane v. Kennedy

205 W. Va. 519 · West Virginia Supreme Court · Mar 26, 1999

DeVane, the decedent’s widow and the sole beneficiary of his estate, to qualify as the real party in interest. Richardson v. Kennedy, 197 W.Va. 326 , 475 S.E.2d 418 (1996). … (establishing West Virginia Health Maintenance Organization Guaranty Association). 10 .