Case law

Roush v. Griffith

65 W. Va. 752 · West Virginia Supreme Court · Jun 11, 1909

Grantham qualified as her guardian and gave bond as such in the penalty of $3,200.00 with M. K. Seibert and B. Cushwa as sureties. … We do not doubt *763 that long lapse oí time will bar relief to the beneficiary of an express trust, but it must be so long and the circumstances such in character as to establish clearly a relinquishment or abandonment thereof

Cart v. General Electric Co.

203 W. Va. 59 · West Virginia Supreme Court · Jul 10, 1998

Human Resources, 201 W.Va. 444 , 498 S.E.2d 12 (1997), as follows: In both the 1993 and 1995 amendments to West Virginia Code § 9-5-11 (Supp.1993 & Supp.1995), the legislature rendered the made-whole rule inapplicable by clearly … the issues of the deliberate intent claim and simple negligence, and the record is devoid of any establishment of negligence by Inco. 8 .

PTP, IV BY PTP v. Board of Educ.

200 W. Va. 61 · West Virginia Supreme Court · May 30, 1997

Sokol is entitled to qualified immunity. It appears to us, as it did to the IHO, that the Board and Mr. … However, we clearly state that even though we are affirming the circuit court’s decision, this opinion in no way alters the IHO’s decision.

State v. Cokeley

159 W. Va. 664 · West Virginia Supreme Court · Jun 29, 1976

The State called several witnesses to establish the value of the copper wire. These witnesses estimated the wire to be worth between $100 and $200. … In one instance a witness appeared to have some personal knowledge of value but the basis of such knowledge was not established.

Brown v. Beckwith

58 W. Va. 140 · West Virginia Supreme Court · Oct 24, 1905

This language established her character as a female parent and is wholly inconsistent with the character of husband. … The statute clearly includes an order of attachment within the term “process.”

Ward v. Ward

47 W. Va. 766 · West Virginia Supreme Court · Apr 7, 1900

The judge must decide whether the occasion is or is not privileged, and also whether such privilege is absolute or qualified. … If, however, the privilege was only qualified, the onus lies on the plaintiff of proving actual malice.”

West Virginia Division of Highways v. Butler

205 W. Va. 146 · West Virginia Supreme Court · Jun 15, 1999

We conclude, therefore, that the circuit court was clearly wrong in excluding the testimony of David Heater as to the value of the appellant’s property. Accordingly, we reverse and remand on this issue. … We further explained in Syllabus Point 6 of Gentry that the question of admissibility under Dau-bert and Wilt : only arises if it is first established that the testimony deals with "scientific knowledge.”

Thorne v. City of Clarksburg

88 W. Va. 251 · West Virginia Supreme Court · Mar 22, 1921

Thus, a constitution may very clearly require county and towm government; hut if it fails to indicate its-range, and to provide proper machinery, it is not in this-particular self-executing, and legislation is essential;” … Such is the rule of *257 construction everywhere, as established by the more recent decisions.

Hooper v. Jensen

174 W. Va. 643 · West Virginia Supreme Court · Apr 3, 1985

The testimony of respondent Jensen and the minutes of certain WVSOM Executive Council Meetings made part of the record herein clearly indicate that before Dr. … To be qualified, the person must have been terminated within two years of the date of the vacancy, and fit any objective requirements contained in the job description properly established for the position prior to the vacancy

Shirley Grimmett v. Wiseman, Excavating, Inc.

West Virginia Supreme Court · Jul 30, 2020

DEP moved to dismiss EQT’s third-party complaint and argued that, as a state agency, it was constitutionally immune from suit. … We now consider whether petitioner’s lawyer established these four elements.

Melissa Wilfong v. Randolph County Board of Education

West Virginia Supreme Court · Apr 22, 2020

Fletcher’s testimony established that several administrative positions 3 opened in the spring and summer of 2017, 1 Ms. … Finally, the record establishes that several administrative positions became available for which Ms.

Lemon v. Rumsey

108 W. Va. 242 · West Virginia Supreme Court · Nov 26, 1929

So well established is this legislative right that we see no useful purpose in elaborating here the principles supporting it. … S. 133, 140, and other authorities holding that a legislature may not declare that to be a nuisance which is clearly not so. This is true, for such a declaration would be arbitrary.

Triggs v. Berkeley County Board of Education

188 W. Va. 435 · West Virginia Supreme Court · Dec 17, 1992

Code, 18-29-4 [1985], the statute establishing the grievance levels and procedures. … Although the superintendent’s interpretation of school law is entitled to great weight unless clearly erroneous (Syllabus Point 3, Smith v.

Johnson v. West Virginia University Hospitals, Inc.

186 W. Va. 648 · West Virginia Supreme Court · Nov 21, 1991

Such regulations clearly impose a duty upon the appellant in this case to warn those similarly situated with the appellee. … Clearly, in this case, the facts with respect to proximate cause are such that reasonable persons could draw different conclusions from them. B.

State ex rel. Gainer v. West Virginia Board of Investments

194 W. Va. 143 · West Virginia Supreme Court · May 31, 1995

The framers of the Constitution of 1902 added this qualifying phrase. … Clearly its effect is to modify the preceding unqualified prohibition. Now the prohibition is not absolute but definitely qualified.

Walter Butler Building Company v. Soto

142 W. Va. 616 · West Virginia Supreme Court · Apr 2, 1957

E. 515 , involving statutory provisions relating to compensation of deputies and assistants of public officers, are clearly distinguishable from and inapplicable to the case at bar. … against a suit or action under the immunity clause of our Constitution does not constitute a defense.

M.M. II v. B.M.

West Virginia Supreme Court · Jun 15, 2015

Because petitioner fails to meet his burden to demonstrate that error affirmatively appears from the record on appeal, we cannot say that the circuit court’s findings were clearly erroneous or that its conclusions were clearly … Code § 48-20-102(g) (providing that temporary absence is part of the six-month period required to establish the child’s “home state.”).

State v. Haught

218 W. Va. 462 · West Virginia Supreme Court · Dec 16, 2005

It is equally clear that such facts must be established by proof beyond a reasonable doubt. … Under Washington’s sentencing statute, the facts that Blakely admitted qualified him for a standard sentence of 53 months.

McHenry v. Humes

112 W. Va. 432 · West Virginia Supreme Court · Jun 7, 1932

Clearly, there is irreconcilability between this provision and the provision of the said new statute which requires that the initial fees of the circuit clerk shall be paid in advance. … That *436 chapter provides that “no freeman shall be taken, or imprisoned, or disseised from his freehold, or liberties, or immunities, nor outlawed, nor exiled, nor in any manner destroyed, nor will we come upon him or send

Oyler v. Cole

171 W. Va. 402 · West Virginia Supreme Court · Dec 10, 1982

Petitioners did not work from June 1, 1979 until June 27, 1979 when the Laborers’ picket line was removed, and they claim that they are eligible and qualified for unemployment benefits for this period. … On the facts as determined by the board, petitioners are clearly entitled to unemployment compensation benefits.