Case law

State v. Young

185 W. Va. 327 · West Virginia Supreme Court · Jun 28, 1991

He [or she] could stand on a street comer and sell prescriptions to passersby and yet he [or she] would be immune from ... prosecution.” United States v. … This Court has established the tests for the sufficiency of indictments in general and of indictments charging a violation of W.Va.Code, 60A-4-401(a), as amended, in particular.

Murray v. State Farm Fire & Casualty Co.

203 W. Va. 477 · West Virginia Supreme Court · Jul 21, 1998

We believe such an interpretation clearly goes against the reasonable expectations of the parties. We agree with the court’s statement in Howell v. State Farm Fire & Cas. … Another commentator reviewing similar State Farm policy language stated: This [lead-in] clause, applied at face value, would clearly negate coverage in case of a concurring excepted cause.

Tricia Jackson and Jennifer Krouse v. Matthew L. Harvey

West Virginia Supreme Court · Oct 31, 2024

Regarding jurisdictional questions, we have stated that: “[i]t is well established that the issue of subject matter jurisdiction can be raised at any time, even sua sponte by this … by appointment of the county commission.”37 The commission has thirty days to do so; if it does not, then the county executive committee of the party of the preceding officeholder “shall submit a list of three legally qualified

Wayne White, Michael Wood, Joshua Gandee, and others similarly situated, and the International Association of Fire Fighters Local 91 v. City of Parkersburg

West Virginia Supreme Court · May 27, 2026

The City also continued to pay qualified Firefighters EMT pay at the rate of $0.42 per hour, despite the change in their schedules. … The parties agree that the first two criteria of Affiliated Construction Trades Foundation are established, but they part ways on whether the third criterion is shown.

State v. Gray

132 W. Va. 472 · West Virginia Supreme Court · Mar 8, 1949

It is inconceivable that the framers of our Constitutions, and the Ordinance of 1861, ever intended to surrender this power, so essential to the existence of the State they were then proposing to organize and establish. … R. 1111, and, in an annotation thereto, this theory is clearly upheld, and it is stated in the body of the opinion in that case that: “This court has held in numerous cases, and it appears to be in agreement with the weight

Buster v. Holland

27 W. Va. 510 · West Virginia Supreme Court · Feb 6, 1886

Dennis has qualified as the administrator of the said Henry F. Hunter, deceased, and that the said H. F. … these judgments against Holland, still it would be clear, that though Robinson might originally in 1869 have directed it to be applied as a payment on these Holland bonds on which judgments were afterwards rendered, yet he clearly

State of West Virginia v. Steward Butler

West Virginia Supreme Court · May 9, 2017

Certain individuals are targeted for violence because they are perceived to violate socially-established protocols for gender and sex roles. … Attacking a male and shouting homophobic slurs because he is kissing a man most certainly qualifies as committing an act “because of . . . sex.”

Renick v. Ludington

20 W. Va. 511 · West Virginia Supreme Court · Nov 11, 1882

Iler brother qualified as his administrator. On August 7, 1871, he paid to Samuel 0. … These allegations in her answer, not made on oath, if they had been proven would have established, that this home place was conveyed to her for a valuable and adequate consideration.

Crumlish's Adm'r v. Shenandoah Val. R.

40 W. Va. 627 · West Virginia Supreme Court · Apr 17, 1895

Rep. 58 ) an indebtedness Avas established against the Shenandoah Valley Railroad Company in favor of the Central Improvement Company, which a commissioner afterwards found to be eight hundred and tAventy thousand three hundred … Gifford, 31 Iowa 428 , this distinction is clearly drawn by the holding that the rule that the compensation of a receiver to take charge of the assets and wind up the affairs of an insolvent corporation should be paid out

A. Karim Katrib, M.D. v. Herbert J. Thomas Memorial Hospital Association and Thomas Health System, Inc.

West Virginia Supreme Court · Mar 27, 2023

discharge in bankruptcy is pleaded as a defense . . . the burden is upon the defendant to prove his discharge,” and this “may be done by putting in evidence a certified copy of the order granting the discharge.” 18 And it is “clearly … Katrib’s argument that the issue of whether he qualified as an unknown creditor was an issue of fact upon which he was entitled to discovery. In his response to Thomas Hospital’s motion to dismiss, Dr.

State v. Baker

33 W. Va. 319 · West Virginia Supreme Court · Nov 18, 1889

If they are disqualified as jurors, then those best qualified will be excluded from passing between the commonwealth and the prisoner in cases where vindication of guilt or innocence will be most vital. . … In view of the great importance of this case, I have deemed it proper to examine patiently and carefully the authorities cited by prisoner’s counsel and others touching this point; and as a result we are clearly of opinion