Case law

Burt v. Timmons

29 W. Va. 441 · West Virginia Supreme Court · Mar 26, 1887

This proposition can be admitted only in a qualified and limited sense. … These statements ' are, it seems to me, clearly untrue. A. 0.

Cough v. Eastham

27 W. Va. 796 · West Virginia Supreme Court · Mar 27, 1886

Reel, 1 Hawks 248 , clearly does not approve such a doctrine. It was one of the authorities relied on in Dinges v. Branson , 14 W. … After permitting his will to remain for nearly sixteen months he executed his codicil, in which he shows clearly, that he did not make any mistake in the execution of the will.

State v. Dean

134 W. Va. 257 · West Virginia Supreme Court · Apr 4, 1950

Generally, it is the law that the challenge of a venireman that he is not qualified, according to law, comes too late after he is sworn to try the issue. Thompson v. … No further duty rested upon the court; and, because Burns’ answer was in the negative, counsel for the defendant had reason to believe that he was qualified as a juror.

Ritz v. Kingdon

139 W. Va. 189 · West Virginia Supreme Court · Dec 18, 1953

Ritz was mentally competent to make a will at the time he executed the instrument dated July 10, 1950, is also clearly established by the evidence. … As his mental capacity to make a will at the time he executed the instrument dated July 10, 1950, is clearly established he had the right freely to dispose of his property in any way he wished to dispose of it regardless

State Road Commission of West Virginia v. Ball

138 W. Va. 349 · West Virginia Supreme Court · May 26, 1953

Some courts contend, however, that the state, by submitting to the jurisdiction of its judicial tribunals, waives any right to plead its immunity, at least to the extent of its own claim; but a few courts have gone to the … That the question of what is the proximate cause of an injury ordinarily is a question for the jury is well established in this jurisdiction. In Norman v. Virginia-Pocahontas Coal Co., 68 W. Va. 405 , 69 S.

State ex rel. K. W. v. Werner

161 W. Va. 192 · West Virginia Supreme Court · Jan 31, 1978

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 … We accept the opinions as being given by qualified persons. W.Va.

Thrasher v. Amere Gas Utilities Co.

138 W. Va. 166 · West Virginia Supreme Court · Apr 16, 1953

As further establishing the improper construction of the covering by the plaintiff, and unduly limiting the capacity of the channel thereunder, it was clearly shown, and not disputed, that the channel of Montgomery Branch … Fullerton, a witness for defendant, qualified as a civil and hydraulic engineer.

CRM Workforce Solutions, LLC v. Oscar Cruz Laines

Intermediate Court of Appeals of West Virginia · Dec 27, 2023

Cruz Laines’] own evidence establishes that [he] is not alleging any disability prior to March 23, 2023.” … The Board did not clearly err in authorizing Dr. Stewart’s request for surgery.

State Ex Rel. Summerfield v. Maxwell

148 W. Va. 535 · West Virginia Supreme Court · Apr 17, 1964

require such person or officer to “omit” placing such candidate upon the ballot or direct the election official to remove the. name of such candidate from the ballot even though, after full hearing before this Court, it clearly … However, that question gives this Court no difficulty and certainly under the principle laid down in the Zickefoose case and the other cases to which reference has heretofore been made there is no reason for establishing

State v. Parsons

90 W. Va. 307 · West Virginia Supreme Court · Feb 14, 1922

But instruction A does not follow- the language of the supposed qualifying instruction in Thompson’s Case, which required the Commonwealth to “prove everything essential to the establishment of the charge in the indictment … Whether he was preparing to go home when he noticed molestation of his car was clearly immaterial, wherefore it was not a proper subject of cross-examination.

Application of Dailey

195 W. Va. 330 · West Virginia Supreme Court · Nov 22, 1995

Once an applicant demonstrates that the eight qualifiers are satisfied, the circuit court has no choice but to grant the permit. … This analysis of W.Va.Code 61-7-4(b) (1995) clearly demonstrates that as an applicant satisfies all eight qualifiers described in W.Va.Code 61-7-4(a) (1995), the circuit court has no alternative than to grant the license.

Jones v. West Virginia State Board of Education

218 W. Va. 52 · West Virginia Supreme Court · Aug 8, 2005

At the same time, the circuit court established a briefing schedule and set the matter for a final hearing on February 13, 2003. … Clearly, this statute pertains to providing educational resources to the person or persons providing instruction, who, in this case, was Mrs. Jones.

Robert Workman v. Raleigh County Solid Waste Authority

Intermediate Court of Appeals of West Virginia · Feb 27, 2024

Workman had 9% WPI given that he almost qualified for the next category. Dr. Guberman also assessed 5% WPI for the right shoulder contusion. Dr. … App. 2022), the Board determined that the medical records established a reasonable basis to apportion some of Mr.

Pauley v. Ribicoff

206 F. Supp. 162 · District Court, S.D. West Virginia · Jul 6, 1962

The government’s brief states that the application to establish disability was filed on June 14, 1957. … This evidence clearly establishes plaintiff’s claim that he is too ill or weak to engage in the substantial gainful activity he was actually engaged in, and there is no evidence in the record (and certainly no substantial

Clinton v. Groh

District Court, N.D. West Virginia · Jun 21, 2023

Judicial Immunity “Few doctrines [are] more solidly established . . . than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction … Unfortunately for Plaintiff, the question is not whether Judge Groh had jurisdiction; it is whether she clearly lacked jurisdiction over the subject matter before her. Stump v.

Thompson v. Norfolk & Western Railway Co.

116 W. Va. 705 · West Virginia Supreme Court · Dec 10, 1935

in lieu thereof; and, in addition thereto, he shall possess and may exercise all the powers and authority, and shall be entitled to all the rights, privileges and immunities, within such counties, as are now or hereafter … No verdict in any ease will be permitted to stand which is clearly against the weight of the evidence. Let us appraise the situation.

Stull v. Firemen's Pension & Relief Fund of Charleston

202 W. Va. 440 · West Virginia Supreme Court · Jul 2, 1998

Moreover, Stull asserted that he had a right “to show the board of trustees as to the reasons that I qualify for benefits.” … Code, 8-22-16 [1994], through W.Va.Code, 8-22-28 [1981], receive meaningful notice concerning his or her rights, as established in Barron v.

Ben Shin Trucking v. Joseph W. Howell

West Virginia Supreme Court · Aug 26, 2016

Allen opined that he would only be qualified for sedentary duties with minimal lifting and bending. A letter from Dr. Allen dated June 19, 2014, indicated that Mr. … Steinman established that Mr. Howell was temporary and totally disabled on May 6, 2014, and Dr.

Richlands Brick Corp. v. Hurst Hardware Co.

80 W. Va. 476 · West Virginia Supreme Court · May 8, 1917

Clearly, at the time of the .delivery of the property to defendant, neither Norris nor Goodman had any title. … The clause qualifying the application of the *481 doctrine stated is significant.

State Ex Rel. Dillon v. Egnor

188 W. Va. 221 · West Virginia Supreme Court · Oct 23, 1992

We note, however, that W.Va.Code, 48A-4-4(c), clearly permits the submission to the circuit court of a “separate document containing the findings of fact and conclusions of law[.]” 9 III. … There has been no showing that she has legal training which would qualify her to prepare a draft order.