Case law

City of Grafton v. Holt

58 W. Va. 182 · West Virginia Supreme Court · Oct 31, 1905

The general equity rule is that all parties in interest must be before the court; but there are certain exceptions to this rule which are as clearly established and as well settled as the rule itself. … However, in all of them there always exists a common interest or a common right which the bill seeks to establish and enforce, or a general claim or privilege, ivhich it seeks to establish or to narrow or take away. *****

Flack v. Sizer

174 W. Va. 79 · West Virginia Supreme Court · Nov 14, 1984

Indeed, the State’s interest in rehabilitation of criminal offenders would appear to be perfectly compatible with allowing qualified females the opportunity to be sentenced as youthful offenders. 7 We must conclude that W.Va … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States: nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

In Re: T.E., J.E. and J.F.

West Virginia Supreme Court · Apr 16, 2013

An amended petition was later filed alleging that petitioner failed to provide the children with proper dental care and immunizations. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

State v. Bradshaw

193 W. Va. 519 · West Virginia Supreme Court · Mar 27, 1995

The defendant argues the “qualifiers” in the present instruction do not cure the prior defects in the instruction. … The evidence clearly bore upon the defendant’s credibility.

State v. Bunner

126 W. Va. 280 · West Virginia Supreme Court · Nov 23, 1943

We are accordingly, clearly of opinion that the standard of cleanliness and safety established by the statute and the limitation, also contained therein, to the effect that the regulations adopted by the council shall be … This provision of the statute is clearly mandatory and, also, highly salutary.

Akers v. Cabell Huntington Hospital, Inc.

215 W. Va. 346 · West Virginia Supreme Court · Jul 2, 2004

Contending that each of these four elements was established in her case in chief, Appellant argues that the lower court’s decision to grant a directed verdict was contrary to well-established law. … Appellant’s testimony clearly demonstrated that the alleged conduct of Mr. Ball was unwelcome and that the conduct in issue stemmed from her sex.

Trimboli v. BOARD OF ED. OF WAYNE COUNTY

280 S.E.2d 686 · West Virginia Supreme Court · Jul 17, 1981

The law clearly contemplates that professionally trained teachers, principals and superintendents shall have exclusive control of these matters." … We are of the opinion that the Board of Education did not establish compliance with Rule 5300(6)(a).

In Re: C.W., A.W. and K.W.

West Virginia Supreme Court · Apr 13, 2015

It was later determined that petitioner did not qualify for appointed counsel and her attorney, Joshua Ferrell, was permitted to withdraw. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Wiley v. Hatcher

70 W. Va. 92 · West Virginia Supreme Court · Dec 12, 1911

The parol evidence is clearly against his contention in this particular. … It was then recognized as being to the left of the clearly marked and well established corner which defendant would now eliminate or disregard.'

Jeffrey v. W. VA. DEPT. OF PUBLIC SAFETY

511 S.E.2d 152 · West Virginia Supreme Court · Dec 11, 1998

In Jeffrey I, we stated: Section 319 establishes a duty. Assuming breach of that duty, there is negligence. Having established negligence, however, liability does not automatically ensue. … The requirements of the "special relationship" exception have been clearly set out in Syllabus Point 12 of Parkulo v. Board of Probation and Parole, supra. Therefore, we decline to alter Parkulo .

Coffman v. West Virginia Board of Regents

182 W. Va. 73 · West Virginia Supreme Court · Sep 12, 1988

This Court has established several guidelines for determining under what circumstances a directed verdict is appropriate. … Perform work in neat, orderly manner and within established building and safety codes. 11. Maintain clean work area. 12.

State v. Cecil

221 W. Va. 495 · West Virginia Supreme Court · Nov 21, 2007

This evidence was clearly being offered by the appellant to attack the credibility of the alleged victims. Such evidence is clearly not admissible pursuant to Rule 608 of the West Virginia Rules of Evidence. … "The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused.”

State Ex Rel. Charleston Mail Ass'n v. Ranson

200 W. Va. 5 · West Virginia Supreme Court · Mar 14, 1997

Notwithstanding our decision in Hudok establishing a reportorial privilege in this State, the case presently before us is factually distinguishable. … XIV, § 1 ("No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process

State Ex Rel. West Virginia Board of Aeronautics v. Sims

129 W. Va. 694 · West Virginia Supreme Court · Feb 11, 1947

and the judgment of his peers.”; and the provision of Section 1, Article 14 of the Federal Constitution, which, among other things, provides: “No State shall make or enforce any law which shall abridge the privileges or immunities … This was clearly established in the case of Berry v. Fox, 114 W. Va. 513 , 172 S. E. 896 .

Atkinson v. County Commission of Wood County

200 W. Va. 380 · West Virginia Supreme Court · Jul 3, 1997

While Powers clearly permits indemnification of a public official in either a civil or criminal context, Appellant must first meet the three criteria established in Powers as a prerequisite to reimbursement of attorneys’ … Thus, the issue of sovereign immunity was not present in that case.

Hassinger v. Holt

47 W. Va. 348 · West Virginia Supreme Court · Dec 9, 1899

Post, who claims to be a properly appointed, qualified member of the board of education, and J. W. … The duties of a board of education in conducting a graded school already established are purely ministerial. The writ should issue. Writ Granted.

State Ex Rel. MacQueen v. City of Dunbar

167 W. Va. 91 · West Virginia Supreme Court · Jun 2, 1981

plan or ordinance is clearly set forth in W.Va. … City of Chicago, 408 I11. 91, 96 N.E.2d 499, 504 (1951) in which the court established the right of the municipality to amend a *96 zoning ordinance and the circumstances under which such power should be exercised when they

Dunn v. Doe

206 W. Va. 684 · West Virginia Supreme Court · Dec 13, 1999

Mace, according to Allstate, cannot qualify as an independent third *690 party since he was a named defendant in a separate action arising from the accident. … Mace may not fit squarely into one of the designated categories of individuals who does not qualify as a disinterested third-party is not disposi-tive of the issue.

Handy v. Smith

30 W. Va. 195 · West Virginia Supreme Court · Sep 23, 1887

did not sooner qualify. … It continued t® run up *198 to the time of bringing this suit; and, as that was more than 10 years, after the return-day of the last execution issued on the plaintiffs’ judgment, it was- clearly barred.

Brent D. Benjamin v. Elizabeth D. Walker

West Virginia Supreme Court · Apr 19, 2016

The contrary conclusions of the court below were clearly erroneous. … It is well established that there are “certain circumstances in which an agency may perform a function that is implied, but not specifically permitted, by statute…,” and that an agency’s authority includes “’such other