Case law

Mitchell v. State Workmen's Compensation Commissioner

163 W. Va. 107 · West Virginia Supreme Court · May 22, 1979

Code, 23-5-1, proceeding, that the claimant was not lawfully entitled to the temporary *126 total disability benefits originally by virtue of the fact that the claim did not jurisdictionally qualify. … The medical evidence clearly indicates that Dr. Hills treated the claimant up to September 26, 1977, 13 and the Commissioner should have terminated the disability payments as of this date.

State of W.Va. ex rel. Biafore v. Earl Ray Tomblin

West Virginia Supreme Court · Jan 27, 2016

(establishing pilot program for voting by mail and process to govern collection and counting of ballots cast in this manner); W. Va. Code § 3-3B-1 et seq. … election process, itself, by requiring candidates for office to pledge to conduct their campaigns in such a manner so as to uphold “the full and free expression of the will of the voters” and to defend “the right of every qualified

In Re Willis

207 S.E.2d 129 · West Virginia Supreme Court · Jul 29, 1974

Code, 1931, 49-6-3, as amended, however, clearly gave the court authority to make the original award. … This evidence was offered only to establish the conditions during that period.

Whiting v. Whiting

183 W. Va. 451 · West Virginia Supreme Court · Jul 18, 1990

The origins of separately titled property may be traced to establish that it is the separate property of one spouse, acquired by one of the means listed in W.Va.Code, 48-2-l(f). … The record clearly reveals that it was Mr. Whiting who requested the supplemental hearing by motion filed with the circuit court on August 25. 1987.

Quicken Loans, Inc. v. Lourie Brown and Monique Brown

236 W. Va. 12 · West Virginia Supreme Court · Nov 25, 2014

However, as was implicit in our recent consideration in Perrine, the Garnes factoring analysis is not immune from the need to evolve with time and to be modified consistent not only with our state's jurisprudence, but also … As established above in Part III.B.2, the circuit court erred by awarding attorney fees and costs for the'appellate and post-appellate proceedings.

Stevenson v. Independence Coal Co., Inc.

227 W. Va. 368 · West Virginia Supreme Court · Apr 28, 2011

The first order concluded that the questions of negligence and proximate cause were for the jury to determine: Several witnesses ... testified that Independence did not have enough qualified electricians who could provide … Nasher’s testimony would support a challenge to Stevenson’s credibility, show Stevenson’s dependency on the narcotic and establish a connection between the dependency and the subjective nature of Stevenson’s reflex sympathetic

State v. Wyatt

198 W. Va. 530 · West Virginia Supreme Court · Dec 12, 1996

Vero-nen had been qualified as an expert on battered woman’s syndrome in numerous jurisdictions, including Kanawha County, that her testimony was admissible and relevant, and that its probative value was not outweighed by … One seeking to establish that a matter violates the Constitution of this State or the United States bears the burden of establishing the violation. Robinson v.

Clark v. Gordon

35 W. Va. 735 · West Virginia Supreme Court · Dec 19, 1891

This clearly shows that, although the land was in Murphy’s name, it was controlled by said Christian to the same extent it was when it was in Harmon’s name; and it appears from the evidence that said Charles IT. … be bound by the acts of his agent within the scope of the general authority conferred on him, although he violates by those acts his private instructions and directions, which are given to him by the principal, limiting, qualifying

Webb v. Ritter

60 W. Va. 193 · West Virginia Supreme Court · May 1, 1906

, of course, clearly tend to prove it. … We do not think this alone qualifies him, wherefore we hold that the evidence should have been excluded.

SER Margaret L. Workman v. Mitch Carmichael, as President of the Senate

819 S.E.2d 251 · West Virginia Supreme Court · Oct 11, 2018

There is no question that a governor, if duly qualified and serving, can call a special session of the Legislature. … The facts giving rise to syllabus point 3 in Holmes clearly establish the limitations of that syllabus point.

State Ex Rel. Allen v. Bedell

193 W. Va. 32 · West Virginia Supreme Court · Jan 6, 1995

We have no statutory scheme establishing a physician/patient privilege, nor has this Court judicially recognized such a privilege. … Whether the circuit court's order is clearly erroneous as a matter of law; [2] 4.

Sult v. A. Hochstetter Oil Co.

63 W. Va. 317 · West Virginia Supreme Court · Jan 14, 1908

On the other hand, the circumstances and conditions may be such as clearly to negative intention to give up the premises when operations have been suspended for a considerable period of time. Thus, in Henne v. … to establish, prima facie, the title for vindication of which it has sued, or justified it in so doing, if, indeed, that can be done in any case.

McDermott v. Fairmont Gas & Light Co.

88 W. Va. 692 · West Virginia Supreme Court · May 17, 1921

It would be a dangerous rule to establish. … Watson was acting as agent of the corporation, but when pressed to state how he knew he was acting as such and by what authority, he qualified his statement by saying.

Meador v. County Court of McDowell County

141 W. Va. 96 · West Virginia Supreme Court · Jun 7, 1955

of appointment of the petitioner as such probation officer was entered in the proper order book of the criminal court of that county; that the petitioner was at the time of his appointment on October 16, 1952, a person qualified … It is further alleged in the petitions, and nothing contrary thereto is established by this record, that petitioner’s appointment as Probation Officer of McDowell County, if valid in the first instance, has never been revoked

Weiss v. Soto

98 S.E.2d 727 · West Virginia Supreme Court · Jun 11, 1957

Schwertfeger, qualified as executrix of his will and acted in that capacity until May 14, 1948 when she resigned because of infirmities attendant upon her advanced age of ninety nine years at the time of her resignation. … Extrinsic evidence to establish the intention of a testator in the disposition of his estate is admissible only where there is a latent ambiguity in the will. Goetz v.

State v. Payne

225 W. Va. 602 · West Virginia Supreme Court · May 6, 2010

In establishing this sentence, the trial court considered arguments of counsel, defense witness testimony, the Appellant’s psychological examination, and the pre-sentence report. … This Court has also clearly enunciated that it will review sentencing orders under a “deferential abuse of discretion standard.” State v. Lucas, 201 W.Va. 271, 276 , 496 S.E.2d 221, 226 (1997).

Weiss v. Soto

142 W. Va. 783 · West Virginia Supreme Court · Jun 11, 1957

Schwertfeger, qualified as executrix of his will and acted in that capacity until May 14, 1948 when she resigned because of infirmities attendant upon her advanced age of ninety nine years at the time of her resignation. … life estate was coupled with an absolute and unlimited power of disposition, express or implied, which fully comprehended the property affected and operated to create an estate in fee simple, or a fee simple estate was clearly

Smith v. First Community Bancshares, Inc.

212 W. Va. 809 · West Virginia Supreme Court · Dec 9, 2002

In contrast, the language at issue in the present case is not qualified or limited by words like “comfort” and “support” and is not limited to a need or condition of the beneficiary. In Pittsfield Nat’l Bank v. … In addition, the language specified payment for “our” [the beneficiaries’] respective needs, while the language in the instant ease is not clearly limited to a need or condition of Mrs. Tierney.

Lawyer Disciplinary Board v. Artimez

208 W. Va. 288 · West Virginia Supreme Court · Oct 27, 2000

In disciplinary proceedings, this Court, rather than endeavoring to establish a uniform system of disciplinary action, will consider the facts and circumstances in each ease, including mitigating facts and circumstances, … Gellner still qualified as an independent representative in that he was not the attorney with whom Mr. Crook was directly contracting.

Chapman v. Huntington, West Virginia, Housing Authority

121 W. Va. 319 · West Virginia Supreme Court · Jun 13, 1939

In fact, it is not subject to attack unless clearly wrong. 11 Am. Jur. 823 , notes 20, 1. … We see nothing in the amended bill which clearly raises any issue of fact.