Case law

Lehman v. Hinton

44 W. Va. 1 · West Virginia Supreme Court · Nov 11, 1897

That Gore had departed this life, and James Roles had qualified as his administrator. That he left surviving him a widow, Adaline B. Gore, who has since intermarried with the defendant William M. … the report was before Commissioner Peck, while still pending, he had a subpoena cluces tecum issued and served on Mathews, requiring him to appear before said commissioner and bring certain papers, which he believed would clearly

State v. Joseph T.

175 W. Va. 598 · West Virginia Supreme Court · Nov 8, 1985

Clearly, the grounds for reasonable suspicion existed with the infraction of the school regulation against smoking which warranted the initial search. … Varon, Searches, Seizures and Immunities ch. IX, § 9 (2nd ed. 1974).

Swiger v. Swiger

58 W. Va. 119 · West Virginia Supreme Court · Oct 22, 1905

Va. 717 , (syl. pt. 2), it is held: “When the relation of trustee and cestui que trust is once established, no subsequent dealing with the trust-property by the trustee can relieve the property of the trust as between the … Switzer, 26 Grat. 514, it is held, (syl. pt. 2) : “A contract between a husband and wife in an agreement for a separation, cannot be sustained in any case in which it does not clearly appear, that in the negotiation which

State of West Virginia v. David K.

238 W. Va. 33 · West Virginia Supreme Court · Oct 11, 2016

(e) such expert is engaged or qualified in the same or substantially similar medical field as the defendant health care provider.” Id. (emphasis added). … Clearly, the statute at issue here conflicts with Rule 702 of the West Virginia Rules of Evidence.

Bank of the Ohio Valley v. Lockwood

13 W. Va. 392 · West Virginia Supreme Court · Jul 6, 1878

Adams -was then a notary public, duly qualified, for Ohio county, West Virginia, residing in said county. … Va.; and other cases the court should not reverse the judgment in the cause, because the court erred in overruling said demurrer, it clearly appearing that the defendants were not thereby prejudiced.

State v. Quinn

200 W. Va. 432 · West Virginia Supreme Court · Jul 22, 1997

factual evidence that tends to prove clearly and convincingly the falseness of the prior accusations. … shield law, then the court need not apply the provisions of our rape shield law in considering the admissibility of the evidence. [7] W.Va.Code, 61-8B-11 [1986] and West Virginia Rules of Evidence 404(a)(3) [1994] do not qualify

Bentley v. Standard Fire Insurance

40 W. Va. 729 · West Virginia Supreme Court · Nov 9, 1895

showed that the assignment of the fund was contingent on the happening of loss, and that is that the assignment was as collateral security for a mortgage debt due Bentley from Louth; but the assignment as written was not so qualified … The other interrogatories, 2, 3 and 4, if answered favorably to the defendant, would at most only establish the reassignment back from Bentley to Louth, and, notwithstanding that, Bentley could still maintain, or Louth as

Diane Horton v. Professional Bureau of Collections of Maryland

West Virginia Supreme Court · Nov 15, 2016

of contract or which affected property interests did because a claimant falls into one of the categories of persons listed in Rule 17(a) [as a real party in interest] does not end the analysis; the claimant must still establish … as an unfair settlement practice clearly does not amount to fraud.”

Dennison v. Jack

172 W. Va. 147 · West Virginia Supreme Court · Mar 25, 1983

The "state action" which the majority finds lacking clearly appears on the face of these statutes. … Moreover, the failure of Chapter 38, article 1 to provide the grantor an opportunity to be heard clearly violates the public policy *311 of the State of West Virginia.

Peter Lunsford v. Christopher Shy

West Virginia Supreme Court · Mar 27, 2020

Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly

Carper v. Kanawha Banking & Trust Co.

207 S.E.2d 897 · West Virginia Supreme Court · Jul 30, 1974

Roy Gene Carper, in anticipation of marriage and establishing a separate home for himself and his affianced, shopped several places for a mobile home. … We would qualify that conclusion by noting that the deposition may be used by an adverse party against any party who had notice of the taking of the deposition and the consequent ability to respond or defend against the substance

Farmers Mutual Insurance v. Tucker

213 W. Va. 16 · West Virginia Supreme Court · Dec 12, 2002

In its order, the circuit court concluded that there were no genuine issues of material fact, and that Darrell Lee was clearly not a member of his father's household. … Tucker to establish that Darrell was a resident of Locie's household, Mr.

State of West Virginia v. John Wayne Strawser, Jr.

West Virginia Supreme Court · Nov 17, 2017

The report found, however, that the social media attention primarily related to memorial pages that the victim’s family had established, that those who interacted with those pages likely knew the victim or her family, and … Whether, on the showing made, a change of venue will be ordered, rests in the sound discretion of the trial court; and its ruling thereon will not be disturbed, unless it clearly appears that the discretion

Everett Frazier v. Nathan Talbert

West Virginia Supreme Court · Jun 15, 2021

Va. ___, 853 S.E.2d 587 (2020) that DMV records alone may be utilized to establish DUI without live testimony of arresting officer). … Court of Appeals aptly reasoned, The law gives one accused of driving under the influence of alcoholic beverages the right to have a chemical analysis of his blood and urine by a qualified

Contractors Ass'n of West Virginia v. West Virginia Department of Public Safety

189 W. Va. 685 · West Virginia Supreme Court · Aug 23, 1993

Clearly, patrolling the highways in order to remove drunk drivers directly ensures highway safety. … the state road fund "consists of funds (excluding `Restricted' revenue) received from federal reimbursement grant programs, which reimburse the State for 75%-100% of the sums previously expended by the State on certain qualifying

The Honorable Dale W. Steager v. Consol Energy, Inc.

West Virginia Supreme Court · Jun 5, 2019

From this figure, the “average annual industry operating expenses” are deducted to establish a “net receipts” value. That value is then capitalized to determine the taxable value. … Clearly then, the percentage and monetary average are not “the same,” nor do they even move in lockstep.

State v. George Anthony W.

200 W. Va. 86 · West Virginia Supreme Court · Dec 13, 1996

The State presented evidence to establish probable cause, including the juveniles' confessions and the testimony of officers who were involved in the investigation. … Milk, 519 N.W.2d at 316 . [9] Clearly, article five distinguishes juvenile transfer hearings from adjudicatory hearings. See e.g.

State of West Virginia ex rel. State of West Virginia v. The Honorable Lora Dyer, Judge, Circuit Court of Jackson County, West Virginia, and Jesse Wood, Below and Party in Interest

West Virginia Supreme Court · May 19, 2026

The factors to be considered for issuance of a writ of prohibition are well-established: In determining whether to entertain and issue the writ of prohibition for cases not involving an absence of jurisdiction … Virginia Code § 7-4-1(a), which provides, in relevant part, that The prosecuting attorney shall attend to the criminal business of the state in the county in which he or she is elected and qualified

Meadows v. Wal-Mart Stores, Inc.

207 W. Va. 203 · West Virginia Supreme Court · Jun 9, 2000

If so, the amount of “then accrued fringe benefits” readily can be established at any given point in time. … While the circuit court’s order is conelusory and does not specify the issues on which it ruled, it clearly denied the appellants’ motions in which the collateral estoppel issue was raised.

Ogle v. Adams

12 W. Va. 213 · West Virginia Supreme Court · Dec 12, 1877

All the evidence, I think, clearly shows, that at or about the time Joseph Ogle so left his family, he entirely abandoned them. … Though the statutes authorized femes covert to convey their lands, and this authority ought to be construed to comprehend everything properly belonging to the contract of actual sale, yet it does not qualify them to enter