Case law

United Fuel Gas Co. v. Morley Oil & Gas Co.

102 W. Va. 374 · West Virginia Supreme Court · Oct 19, 1926

It is a fair assumption that if the Township had purchased or had been promised the unrestricted use of the lot, it would not have accepted the grant of a qualified and limited use. … Pomeroy quotes with approval from Sir George Jessel, Master of the Eoles, who is called one of the ablest of modern jurists: “It is clearly established by authority that there is sufficient to justify the court interfering

Cooper v. Gwinn

171 W. Va. 245 · West Virginia Supreme Court · Sep 3, 1982

The petitioners are therefore clearly entitled to enforce their fundamental right to the benefit of law as guaranteed by the West Virginia Constitution. … However, the lack of funds is not a valid excuse for denying inmates, and society as a whole, the constitutional right to the benefit of legislative enactments which clearly establish the duty of the Department of Corrections

Harding v. United States Postal Service

618 F. Supp. 1330 · District Court, S.D. West Virginia · Oct 2, 1985

. § 794a; the Plaintiffs do not allege that they are qualified handicapped employees or that they have exhausted administrative remedies. … Clearly, the teaching of Bush v. Lucas applies to the Plaintiffs’ situation.

Woodruff v. West Virginia Board of Regents

328 F. Supp. 1023 · District Court, S.D. West Virginia · Jul 16, 1971

Section 3.02 provides: “Freedom of Association — Students may organize whatever associations they deem desirable, and are entitled to affiliate with any group or organization for which they qualify for membership. … “a basis for equitable relief under the long-established standards.”

United Fuel Gas Co. v. Allen

137 W. Va. 897 · West Virginia Supreme Court · Mar 17, 1953

At pages 329 and 330 in the opinion in the Sanders case, this Court observed: “Was he [the witness] qualified to express an opinion? … He was to some extent qualified, and the court committed no error in admitting his testimony. Railroad v. Coal Co., 75 W. Va. 423, 444 , 83 S. E. 1031 .”

Adkins v. City of Huntington

191 W. Va. 317 · West Virginia Supreme Court · May 23, 1994

The current issue of interplay between the FLSA and state wage and hour laws is clearly one of first impression. … Consequently, all entities qualifying as an employer under West Virginia Code § 21-5C-l(e) are entitled to the exemption provided that eighty percent of their employees are subject to federal wage and hour laws.

Bowman v. Barnes

168 W. Va. 111 · West Virginia Supreme Court · Sep 29, 1981

Va. 230 , 240 S.E.2d 544 (1977), which established an inchoate right of contribution between joint tortfeasors, thereby permitting a defendant to implead a joint tortfeasor under Rule 14(a), R.C.P. … Undoubtedly, there may be situations where the absent party cannot be brought into the suit, either because the party is beyond the court’s jurisdiction, or has the benefit of some immunity, such as governmental immunity,

Hartsock-Flesher Candy Co. v. Wheeling Wholesale Grocery Co.

174 W. Va. 538 · West Virginia Supreme Court · Dec 14, 1984

Wheeling Wholesale contends that these undefined terms and provisions make it impossible for a retailer or wholesaler to clearly and fully understand the meaning of the Act. … We decline to address the state immunity issue because immunity only arises as a consideration after the challenged state statute has initially been found to violate the Sherman Act.

State Ex Rel. Winter v. Brown

143 W. Va. 617 · West Virginia Supreme Court · Jun 17, 1958

The petition alleges: Respondent is the duly elected and qualified Clerk of the County Court of Putnam County, Whose duty it is to record deeds and other recordable instruments upon payment of the fees prescribed by law; … We are not unmindful of the well established rule that legislation is presumed not to be in conflict with the Constitution, and that every presumption is to be made in favor of the constitutionality of an act of 'the Legislature

Curl v. United States

229 F. Supp. 387 · District Court, N.D. West Virginia · May 25, 1964

The Will provided for liquidation of the trust assets upon the death of Dora Gard and distribution among named, qualified, charities. … However, the Will must be read as a whole, and the second sentence clearly indicates that the testatrix intended an annuity of not more than $2,-000.00.

Clay County Court v. Adams

109 W. Va. 421 · West Virginia Supreme Court · Sep 30, 1930

Plaintiff argues that the cable and bucket operations over the road was a nuisance per se and could be destroyed arbitrarily with immunity from liability by the county court, or commission; citing City of Martinsburg v. … While the court’s instruction is not technically correct because the right of defendant to deliver his coal over the road was not qualified by telling them that his right was subject to regulations, conditions and control

Erik Patrick Wells v. Charles T. Miller, Prosecuting Attorney

237 W. Va. 731 · West Virginia Supreme Court · Sep 15, 2016

Code § 3-5-23 (a). 7 The nominating certificate must state the name and residence *737 of each of the candidates; that he or she is legally qualified to hold the office; that the subscribers are legally qualified and duly … Code § 3-5-23 (1916) (emphasis added). 16 *744 Clearly, this language contemplates minor party candidates.

State v. Merritt

183 W. Va. 601 · West Virginia Supreme Court · Jul 26, 1990

She was granted complete immunity from prosecution in connection with the murder on December 4, 1981, in exchange for her testimony in the trials against the defendant and Acie Merritt. … As the Fourth Circuit has clearly recognized, an individual who has a low I.Q. is not presumed to be incompetent to testify.

Harner v. Monongalia County Court

80 W. Va. 626 · West Virginia Supreme Court · May 22, 1917

But the qualifying clause quoted is significant and material. … The proceeds of a bond issue for-the improvement of roads definitely designated in the order of submission and then existent can not lawfully be applied to the improvement of a road clearly not contemplated by the voter or

Burcham v. City of Mullens

139 W. Va. 399 · West Virginia Supreme Court · Mar 9, 1954

E. 752 ; and, as the record clearly establishes that plaintiff fell on the platform which is supported by a stringer, in which plaintiff’s husband found a soft spot, and contains no evidence tending to show that plaintiff … As this case was tried by a jury, consisting of twelve jurors, who were legally qualified, the trial court’s exclusion of the veniremen Gary and Goode, even if they were qualified, does not constitute reversible error.

Shephard v. Wheeling

30 W. Va. 479 · West Virginia Supreme Court · Nov 19, 1887

and compensation of the commissioners thereof; ” that the said council subsequently, in pursuance, of said ordinance, elected four persons as commissioners of the police and fire departments of said city, who have duly qualified … The principles hereinbefore discussed clearly establish that such can be the only legitimate effect of such judgment. But this is plainly not what the defendants in error are contending for.

Wilson v. Moore

346 F. Supp. 635 · District Court, N.D. West Virginia · Jul 24, 1972

Sago are residents of Marion County, West Virginia, and are qualified and registered to vote in primary and general elections for local, state, and national office. … These facts clearly distinguish the instant case from the situation that confronted the Court in Bullock .

Bracey v. Darst

218 F. 482 · District Court, N.D. West Virginia · Dec 5, 1914

If so, why accentuate the alleged intent by qualifying all with the words “whether incorporated or unincorporated” ? How can you have an “unincorporated” corporation? How can you have an “organized” individual? … its express terms the act prohibits a citizen of a sister state of this country, owning and having stocks, bonds, certificates, or securities, although the same are listed on the exchanges of the country and have a well-established

Tug Valley Pharmacy, LLC v. All Below

235 W. Va. 283 · West Virginia Supreme Court · May 13, 2015

Additionally, like most rules, the wrongful conduct rule is not immune to categorical exceptions. … As noted above, our rule of modified comparative negligence was first established by this Court in Bradley.

Board of Trustees of Firemen's Pension v. City of Fairmont

215 W. Va. 366 · West Virginia Supreme Court · Jun 2, 2004

Layman to recalculate the supplemental benefits and to reimburse all qualified pensioners the pay lost by not compounding. Ms. … Code, article 22, chapter 8 is to establish minimum pension benefits to retired police and firemen and their surviving spouses.