Case law

Wheeling Electric Company v. Gist

154 W. Va. 69 · West Virginia Supreme Court · Apr 7, 1970

The easements taken are clearly shown by the description contained in the pleading and judgment as amounting to only 17.93 acres. … Two qualified real estate appraisers of many years of experience testified on behalf of the plaintiff.

Hubbard v. SWCC and Pageton Coal Co.

170 W. Va. 572 · West Virginia Supreme Court · Sep 3, 1982

It is a long established rule of law in this jurisdiction that a dependent’s claim for death benefits is separate and distinct from the claim of the injured employee. Sizemore v. … Hubbard’s last exposure to the claim of his widow was therefore clearly wrong. II.

State of West Virginia v. David L. Ingram

West Virginia Supreme Court · Nov 19, 2020

Thereafter, we continued to consider all proportionality challenges utilizing the framework established in Wanstreet, Cooper, and Beck. … We conclude that Petitioner’s sentence must be upheld pursuant to the test established in Hoyle.

State v. Mason

194 W. Va. 221 · West Virginia Supreme Court · Jun 15, 1995

Adams, transactional immunity, and they both testified at the trial. Mr. Canfield and Mr. Was-son did not testify. Defense counsel renewed his objections to the admission of Mr. Canfield’s and Mr. … Clearly, an essential purpose of the Confrontation Clause is to ensure an opportunity for cross-examination.

Myers v. Town of Milton

148 W. Va. 789 · West Virginia Supreme Court · Jul 17, 1964

The two final recitals read as follows: “WHEREAS, to qualify the institution sought to be established by the said W. T. … Thus, in the instant case, even if there were a conflict between the recitals and the granting clause, the latter clearly will prevail.

West Virginia Human Rights Commission v. Smoot Coal Co.

186 W. Va. 348 · West Virginia Supreme Court · Dec 12, 1991

Bums had breached the contract in that she had failed to establish satisfactorily the conditions precedent for Smoot to reinstate her. In Count 3, Smoot Coal Company claimed that Ms. … Rather clearly, the appellees were under threat of sanctions for retaliatory firing and a federal human rights action at the time they entered into the conciliation agreement.

State Ex Rel. Smith v. Pride

132 W. Va. 801 · West Virginia Supreme Court · May 27, 1949

If any candidate of such new party for the office of Mayor receives more than ten percent of the votes cast for all candidates for his office, the new party shall be established as a qualified political party at the next … This we think clearly could be the factual situation under the allegation of the relators’ petiton and certainly would be the possible result of the theory upon which their case is presented.

State Ex Rel. Verdis v. Fidelity & Casualty Co. of New York

120 W. Va. 593 · West Virginia Supreme Court · Nov 10, 1938

Emmett Williams was elected constable for Marsh Fork District of Raleigh County in 1936, and duly qualified as such, executing a bond in the penalty of $3,500.00 with the Fidelity & Casualty Company of New York as *594 surety … We think it clearly established by the cases cited that for an unlawful act performed by a con *596 stable, either by virtue of his office or under color of the same, both the constable and the surety on his bond may be held

Taylor v. Cabell Huntington Hospital, Inc.

208 W. Va. 128 · West Virginia Supreme Court · Jul 20, 2000

will not ordinarily be disturbed unless it clearly appears that its discretion has been abused.” … Scott qualifies as an expert in standard nursing practices. Ms.

State v. Myers

227 W. Va. 453 · West Virginia Supreme Court · May 26, 2011

See W.Va.Code § 15 — 12— 2b (establishing Board for purposes of assisting circuit courts “in determining whether persons convicted of sexually violent offenses are sexually violent predators”). … Clearly, the aim of the Legislature is to have the determination made as an adjunct to the sentencing of a sexual offender.

State v. Fleming

237 W. Va. 44 · West Virginia Supreme Court · Mar 7, 2016

forensic psychiatrists, or one or more qualified forensic psychologists. … Trainor responded: So let me qualify my statement there.

State Ex Rel. Vincent v. Gainer

151 W. Va. 1002 · West Virginia Supreme Court · Dec 12, 1967

The demurrer is to the effect that the facts in this case did not establish a moral obligation against the State, that the question involved is a judicial, not a legislative, function, and that the respondent, acting under … Of course, in that matter a suit was brought directly against the City which had no constitutional immunity. The respondent relies on the case of Adkins v.

State v. Blevins

174 W. Va. 636 · West Virginia Supreme Court · Mar 28, 1985

Clearly substantial evidence existed to intimate that the appellant was psychologically troubled. Mr. … Indeed, no reasonably qualified defense lawyer could excuse or justify trial counsel’s handling of the appellant’s case.

State v. KRYSTAL T.

185 W. Va. 391 · West Virginia Supreme Court · Jul 11, 1991

On June 4, 1990, Dan Benkiel, who qualified as an expert family counselor and who had been in charge of counselling the appellants during their improvement period, indicated that the appellants had just started the counselling … In syllabus point 6 of In re Willis, 157 W.Va. 225 , 207 S.E.2d 129 (1973), this Court established the standard of proof in a case for termination of parental rights: The standard of proof required to support a court order

Napier v. Lincoln County Bd. of Education

209 W. Va. 719 · West Virginia Supreme Court · Jul 2, 2001

Va.Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.”). III. … We therefore hold that in the absence of express statutory authority to the contrary, county boards of education have no power to create separate and legally distinct organiza *725 tions that are otherwise immune from the

Mallet v. Pickens

206 W. Va. 145 · West Virginia Supreme Court · Jul 21, 1999

Clearly, the average person paying premiums for a homeowners policy would expect a friend or loved one to be covered in any situation that the mailman would be covered. … Clearly the justices underestimated the degree of hesitation, but today we do our part by wading out of the “semantic morass.”

Solution One Mortgage, LLC v. Helton

216 W. Va. 740 · West Virginia Supreme Court · May 11, 2005

As we have frequently noted, “[wjhere the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. … The surety must be qualified to do business in this state. These bonds shall be conditioned upon the petitioner performing the orders of the court.

Englerth v. Kellar

50 W. Va. 259 · West Virginia Supreme Court · Nov 30, 1901

This 'clearly appears in what he says of the case of Beachcroft v. Brown, 4 T. … Among the cases establishing this doctrine are Brant v. Virginia Coal & Iron Co., 93 U. S. 344 , and Smith v. Bell, 6 Pet. (U. S.) 68.

State Ex Rel. Browning v. Blankenship

154 W. Va. 253 · West Virginia Supreme Court · Jun 16, 1970

On February 14, 1970, the Legislature of West Virginia, during its 1970 regular session, passed a Budget Bill, known as Enrolled Committee Substitute for Senate Bill No. 1, effective from its passage, which established the … Among the changes established by the Amendment was the transfer of the budget making power from the Board of Public Works to the Governor and the incorporation of certain express provisions empowering the Governor upon the

Gilbert v. American Casualty Co.

126 W. Va. 142 · West Virginia Supreme Court · Oct 19, 1943

A mathematical line maybe difficult to establish. The change from emergency to restorative treatment is not so sudden or distinct. … In this we think he has clearly failed. The defendant undertook to establish the line at the expiration of twenty-four hours from the injury, and, we think, was equally unsuccessful.