Case law

Thomas v. Thomas

174 W. Va. 387 · West Virginia Supreme Court · Feb 28, 1985

McCoy, 167 W.Va. 59 , 278 S.E.2d 357 (1981), we held that the custody of a very young child should be with the primary caretaker if he or she meets a minimum, objective standard of behavior which qualifies him or her as a … It is well established in this jurisdiction that the paramount and controlling factor in custody cases is the welfare and protection of the child. As a corollary to this rule, we stated in Syllabus Point 4 of Murredu v.

Hubbard v. Kelley

8 W. Va. 46 · West Virginia Supreme Court · Jul 17, 1874

Justice Davis, delivering the opinion of the Court, (Id. 126,) said: “The immunity of the United States from suit is one of the main elements to be considered in determining the merits of this controversy. … the appeal or when it was taken, or made to the commissioner, I am unable to discover ' how the court could determine that the action was brought within the time prescribed by law, and yet that was a special issue, and clearly

Rhodes v. Workers' Compensation Division

209 W. Va. 8 · West Virginia Supreme Court · Jan 24, 2001

Because this procedure was not clearly established prior to this opinion, we reverse this case and remand for additional proceedings. I. FACTUAL AND PROCEDURAL HISTORY Robert S. Rhodes (hereinafter “Mr. … Because the procedure and burden set forth in this opinion were not heretofore clearly established, we find it appropriate to reverse the final order of the WCAB and remand this case for an additional hearing on Mr.

Putnam County Fire Service Board, Inc. v. Kelly

192 W. Va. 37 · West Virginia Supreme Court · Jul 8, 1994

The statute clearly requires that the protest petition be ‘filed with the municipal authority within fifteen days after the expiration of such publishing * * That language is clear, unambiguous and imperative. … According to the record, Putnam County had 18,050 qualified voters.

Wolfe v. County Court of Jackson County

119 W. Va. 362 · West Virginia Supreme Court · Nov 2, 1937

The position of the Jackson Herald remains the same as in 1936 and it need not be further considered, except that it is to be understood as the one newspaper clearly entitled to publish the delinquent list, calling upon the … other papers in question to establish that they are opposite in politics to it.

Adams v. Londeree

83 S.E.2d 127 · West Virginia Supreme Court · Jul 27, 1954

The same conclusions are clearly reflected under the present State "consent" statute and the applicable Act of Congress quoted above. … In the opinion, with respect to the act of the Legislature consenting to the establishment of the asylum, the court said: "This act of the State Legislature, consenting to the establishment of the asylum within her borders

Tesla Marie Lewis v. Jacqueline N. Sponaugle, Craig Marple, Anita Snyder, and Robert Lee Casto, Jr.

West Virginia Supreme Court · Jan 18, 2023

Four days later, Sponaugle was qualified as the estate’s executrix and the will was entered into probate. … Undue influence “is never presumed but must be established by proof[.]” Id., Syl. Pt. 15, in part.

State v. Kennedy

205 W. Va. 224 · West Virginia Supreme Court · May 25, 1999

In addition to the above, the trial court found significant the fact that “Church qualified his testimony several times by stating that he has a poor memory.” … Tonya Kennedy qualified as an unavailable witness as she invoked her Fifth Amendment privilege at the October 15, 1997, hearing. See W.Va.R.Evid. 804(a). 25 .

Lane v. Boston Scientific Corp.

198 W. Va. 447 · West Virginia Supreme Court · Dec 13, 1996

Boston Scientific, which is not qualified to do business in West Virginia, maintains no registered agent here and, at no time, has maintained an office here. Mr. … Clearly, none of the provisions of [W. Va.Code,] 31-1-15 apply, as all actions pertaining to the 3 discrete causes of action, occurred in other States.

Carl Campion v. W. Va. Dept. of Education

West Virginia Supreme Court · Jun 3, 2016

Kisner scored petitioner as the most qualified candidate. On June 3, 2013, Mr. … Petitioner argues that he presented sufficient facts to establish a prima facie case of age discrimination because he was qualified for the position and was over the age of forty while the younger applicant did not meet the

Hall v. Hall

818 S.E.2d 838 · West Virginia Supreme Court · May 11, 2018

Va. 592 , 597, 383 S.E.2d 774 , 779 (1989) (observing that "the use of 'and' ... clearly makes both conditions necessary, not merely either of the two. ... … It is the duty of the Legislature to consider facts, establish policy, and embody that policy in legislation.

West Virginia Judicial Inquiry Commission v. Dostert

165 W. Va. 233 · West Virginia Supreme Court · Jun 19, 1980

We promulgated and adopted Rules of Procedure for Handling Complaints Against Justices, Judges, and Magistrates 2 in-1976, establishing a Judicial Inquiry Commission and Judicial Review Board. … Unless they are clearly wrong, we will not set aside or reverse the findings. Workman v. Workmen’s Compensation Comm’r., _ W. Va. _, 236 S.E.2d 236 (1977).

State Ex Rel. Gillespie v. Wood

154 W. Va. 422 · West Virginia Supreme Court · Jul 17, 1970

In respondents' Exhibit No. 1, an affidavit of Dale Curry, Curry says that he was appointed in June, 1961, as a Buyer, "with the primary responsibility of establishing a drug purchasing program," since he is a registered … significance and importance of such a position is illustrated by the fact that during the fiscal period 1966-1967, six Buyers in said Department made $22,000,000.00 worth of estimated purchases for the State, as will be more clearly

Tiernan v. Charleston Area Medical Center, Inc.

203 W. Va. 135 · West Virginia Supreme Court · Jul 21, 1998

Prior judicial decisions may also establish the relevant public policy. … Weirton Steel Corp., 191 W.Va. 278 , 445 S.E.2d 219 (1994), however, "a bad motive will defeat a qualified privilege defense."

Central West Virginia Regional Airport Authority v. West Virginia Public Port Authority

204 W. Va. 514 · West Virginia Supreme Court · Feb 5, 1999

Clearly, the phrase “with the concurrence of the affected public agency” is meant to modify the preceding portion of the sentence wherein such phrase is found. … Congress failed to establish a Wayport Commission. .

State v. Peel Splint Coal Co.

17 L.R.A. 385 · West Virginia Supreme Court · Oct 6, 1892

These principles, thus clearly announced by this Court, are sustained by all the best authorities, by the elementary writers and by the Supreme Court of the United States. In the leading case of Munn v. Illinois, 94 U. … This third section appears to my mind just as clearly the exercise of a police power.

Maupin v. Sidiropolis

215 W. Va. 492 · West Virginia Supreme Court · Jun 16, 2004

Having established the parameters of our review in this case, we proceed to consider the parties’ arguments. 8 III. … Va.Code § 19-23-10(d)) ("To qualify as a bona fide resident of West Virginia, a registered greyhound owner may not claim resi- . dency in any other state.

Deborah Yost VanDervort v. W. Va. Public Service Comm. and Matthew J. Minney

West Virginia Supreme Court · Nov 16, 2018

Code, [6C–2–1], et seq. [ ], and based upon findings of fact, should not be reversed unless clearly wrong.” Syl. Pt. 3, id. (citation omitted). … Generally, “[a]n agency’s decision as to who is the best qualified applicant will be upheld unless shown by the grievant to be arbitrary and capricious or clearly wrong.” Thibault v. Div. of Rehab. Serv., W. Va. Educ.

State v. Dietz

182 W. Va. 544 · West Virginia Supreme Court · Mar 8, 1990

“Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion … However, the record fails to establish the harm caused by the circuit court’s exclusion of evidence attempting to show that the victim was the aggressor.

Beverlin v. Beverlin

29 W. Va. 732 · West Virginia Supreme Court · Jun 25, 1887

But if - we admit its credibility it falls far short of establishing any actual contract of marriage. … It qualifies these words by provisions which would be wholly useless and unnecessary, if it were intended and should be held that the preceding provisions are simply directory.