Case law

Wood v. Gordon

58 W. Va. 321 · West Virginia Supreme Court · Nov 14, 1905

The rule is well established that in the construction of statutes, effect must be given as far as possible to every part thereof: evidently the legislature had some object in providing that a vacancy should be filled “by … the senate to have declared the bill not passed. ” The Constitutional Convention which assembled in 1872, seeing the dilemma in which the Supreme Court was placed in order to save the act of the legislature, which had so clearly

Salmons v. Western Regional Jail Authority

District Court, S.D. West Virginia · Oct 30, 2019

These immunity arguments may—and in the case of their first and second arguments, clearly do—have merit, but this case can be resolved even absent consideration of the various immunities implicated here. … Rice, 954 F.2d 187, 192 (4th Cir. 1992) (denying qualified immunity where prisoner was confined for “seven months and eleven months, without any opportunity for out-of-cell exercise”).

Pownall v. Cearfoss

129 W. Va. 487 · West Virginia Supreme Court · Dec 21, 1946

Cearfoss qualified, under the will, in Maryland. William Firey Snyder died in 1942, before the institution of this suit, and Augusta. M. … Cearfoss qualified in Berkeley County, West Virginia, and she is now acting and performing the duties as surviving executrix of the will.

Graham Grocery Co. v. Chase

75 W. Va. 775 · West Virginia Supreme Court · Mar 9, 1915

It is qualified and limited by the second clause, in favor of purchasers for valuable consideration. . … Va. 87 , clearly shows it is unnecessary to *781 prove notice, on the part of the grantee, of the fraud of the grantor in a fraudulent and voluntary conveyance.

Marriage of Sloan v. Sloan

219 W. Va. 105 · West Virginia Supreme Court · Mar 16, 2006

Sloan’s attorney should not have been permitted to prepare the Qualified Domestic Relations Order regarding Mr. … Sloan's attorney to prepare the Qualified Domestic Relations order. We find no error in that regard. .

Sale v. Board of Education

119 W. Va. 193 · West Virginia Supreme Court · Jun 26, 1937

authorized to be fixed by the different levying bodies upon all classes of property by submitting the question to the voters of the taxing units affected, but no increase shall be effective unless at least sixty per cent of the qualified … While as a general rule the repeal of a statute by implication is not favored, it is clearly recognized by all of the authorities that such a repeal is called for where there is substantial conflict between the two statutes

Varner v. Martin

21 W. Va. 534 · West Virginia Supreme Court · Apr 21, 1883

Varner, to establish the road through it which they did establish by *540 the order oí August 14, 1880. … If the use is clearly a public use, then the courts can neither restrain nor supervise the legislative authority over the subject.

State v. Nichols

208 W. Va. 432 · West Virginia Supreme Court · Dec 15, 1999

not ordinarily be disturbed on appeal unless clearly erroneous.’ ” State v. … and will not ordinarily be disturbed on appeal unless clearly erroneous.”

Clower v. West Virginia Department of Motor Vehicles

223 W. Va. 535 · West Virginia Supreme Court · May 4, 2009

intended to qualify the requirement that a motorist use a turn signal to those occasions where others could be affected by the turning vehicle. … The Commissioner’s hearing examiner was clearly wrong in concluding that Mr.

Kessel v. Monongalia County General Hospital Co.

215 W. Va. 609 · West Virginia Supreme Court · May 19, 2004

Staff privileges do not establish an employment contract with the hospital”); Dutta v. St. Francis Reg. Med. … Public hospitals, however, are not entitled to that immunity.

MILLS ON BEHALF OF GORRICK v. Gorrick

181 W. Va. 158 · West Virginia Supreme Court · May 18, 1989

We have also recognized that the trial court’s discretion in awarding custody must not be disturbed unless clearly wrong. … McCoy , we explained: In establishing which natural or adoptive parent is the primary caretaker, the trial court shall determine which parent has taken primary responsibility for the caring and nurturing duties of a parent

State v. McClaugherty

33 W. Va. 250 · West Virginia Supreme Court · Nov 21, 1889

Any court before which an attorney has been qualified, on proof made to it, that he has been convicted of any felony, may supersede his license. “6. … to the official conduct of officers or men in public capacity, or to any other matter proper for public investigation or information where the fact that such publication was not maliciously or negligently made, shall be established

Delardas v. Morgantown Water Commission

148 W. Va. 776 · West Virginia Supreme Court · Jul 17, 1964

Section 1, Article 1, Chapter 24, Code, 1931, in part, declares that “Except where a different meaning clearly appears from the context, the words ‘public utility’ when used in this chapter shall mean and include any person … the users of such service reasonable rates, fees and charges, and the provision that any ordinance enacted for that purpose shall not become effective until it shall be ratified by a majority of the votes cast by the duly qualified

Laing v. Price

75 W. Va. 192 · West Virginia Supreme Court · Oct 29, 1914

This is practically all expert opinion evidence, and ail the witnesses on both sides seem to be well qualified. … As he is bound to prove his case clearly and fully, he must do what is reasonably practicable toward the elimination of uncertainty. That has not been done here.

Hess v. Casto

120 W. Va. 158 · West Virginia Supreme Court · May 10, 1938

Hess qualified as administrator of his estate. On July 31, 1928, seventy-one days after the qualification of the administrator, one T. W. … Without *165 admitting that the section applies to this action, the immunity of the personal representative from suit has well established exceptions.” In Broderick v.

Morris v. Boppana

182 W. Va. 248 · West Virginia Supreme Court · Nov 16, 1989

Clearly, all four elements are not present in this case. … It is the defendant’s position that the evidence presented at trial clearly showed that the plaintiffs’ expert, Dr.

Hinerman v. Daily Gazette Co., Inc.

188 W. Va. 157 · West Virginia Supreme Court · Jul 15, 1992

Hinerman does not qualify as an elected public official by virtue of any of the positions relied upon by the Gazette. … Hughes Toolco, 569 F.2d 459, 480 (9th Cir.1977), (holding that “punitive damages are permissible once actual malice as defined in New York Times has been established”). .

State ex rel. West Virginia University Hospitals, Inc, West Virginia University Board of Governors, Allison Tadros, M.D. and Rachel Polinski, M.D. v. Hon. Phillip D. Gaujot, Judge of the Circuit Court of Monongalia County, and Rebecca Morris, Administratrix of the Estate of Bryan Morris

West Virginia Supreme Court · Mar 31, 2023

Va. 629, 631, 252 S.E.2d 147, 148 (1979) (“It is well established that prohibition does not lie to correct mere errors and cannot be allowed to usurp the functions of appeal, writ of error, or certiorari.”) … Instead, we have physicians whose relationship to one another, relationship to WVUH, and insurance coverage is set by clearly defined statutes.

Edwards v. Edwards

113 W. Va. 156 · West Virginia Supreme Court · Dec 6, 1932

That ruling, upon appeal to this court, was reversed and the bill dismissed, notwithstanding the clearly proven adultery of defendant with Mrs.' … Esther Black-(nee *158 Watson), on the ground that plaintiff was guilty of improper and inequitable conduct, insufficient to establish adultery, violative of her marriage vow.

State Ex Rel. Johnson v. Tsapis

187 W. Va. 337 · West Virginia Supreme Court · Jun 1, 1992

That restrictions may be placed on the use of confidential information disclosed through discovery is well-established. … The order clearly states that upon objection by the non-producing party, any dispute regarding disclosure is to be resolved by court order.