Case law

Taylor v. State Compensation Commissioner

140 W. Va. 572 · West Virginia Supreme Court · Mar 8, 1955

Is a workman’s compensation claim inherently of such a different character or of such higher sanctity that it should be singled out and held immune to a statute of limitations? … It is universally held that the legislature may establish, or lengthen, or shorten, the time within which any sort of judicial, or quasi judicial, proceeding may be instituted for the enforcement of legal rights, provided

State v. Goodrich

14 W. Va. 834 · West Virginia Supreme Court · Nov 2, 1878

In the case before us the prisoner’s willingness to violate the law is clearly shown, and therefore the presumption that he was not violating the law when he married Fannie I. … have rendered doth set aside the verdict of the jury in this case, and doth remand the case to the circuit court of Harrison county, with directions to proceed in the manner prescribed by law to cause another jury duly qualified

Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Brian Ettinger

West Virginia Supreme Court · Jun 13, 2023

On April 5, 2022, the circuit court entered an “Order Granting Writ of Prohibition” considering the factors this Court established in Syllabus Point 4 of State ex rel. Hoover v. Berger, 199 W. … He states that he was not convicted of, and did not enter a plea of any sort to, a qualifying offense that would trigger a license revocation under West Virginia Code § 17C-5-2b.

State v. Swafford

206 W. Va. 390 · West Virginia Supreme Court · Jan 10, 2000

The Double Jeopardy Clause, also set forth in the Fifth Amendment to the United States Constitution and Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having … If the accused is guilty, he or she should be convicted only after a fair trial conducted according to the sound and well-established rules that are set in law.

Peerce v. Kitzmiller

19 W. Va. 564 · West Virginia Supreme Court · May 6, 1882

Then clearly there is nothing in said section of our Constitution, which is prohibited by the Constitution of the United States. … The meaning is, that every citizen shall hold his life, liberty, property and immunities under the protection of thegenernl rules, which govern society.

State Ex Rel. Donley v. Baker

112 W. Va. 263 · West Virginia Supreme Court · May 3, 1932

Petitioner qualified and listed certain property which was appraised at $16,000.00, and thereupon gave the statutory bond in double that amount. … In this case this vital and salutary provision of our fundamental law was clearly violated.”

Work v. Rogerson

152 W. Va. 169 · West Virginia Supreme Court · Mar 26, 1968

E. 650 , which reads as follows: “The law does not presume fraud, and he who alleges it must clearly and distinctly prove it; but *181 fraud may be legally inferred from facts and circumstances calculated to establish, it … preponderance of the evidence or is clearly wrong.

Hickman v. Painter

11 W. Va. 386 · West Virginia Supreme Court · Oct 25, 1877

It is well established that “ equity has jurisdiction whenever a lost instrument is to be set up, notwithstanding that the courts of law now exercise jurisdiction in the same cases:” Shields v. … The appellate court will not reverse, a decree in such a case unless it is clearly wrong; and as the circuit court has evidently done no great wrong, if any, in this decree, and none is apparent, I am of opinion that the

State Ex Rel. Daily Gazette Company v. Bailey

164 S.E.2d 414 · West Virginia Supreme Court · Nov 19, 1968

Laws pertaining to registration of voters are designed to ascertain the electors who are qualified to cast votes. … It is most relevant that these signers are required by statute to be "legally registered and qualified voters," and that they may subscribe to such certificate only in the magisterial district in which they are qualified

Old National Bank of Waupaca v. Peoples Bank of Harrisville

89 W. Va. 132 · West Virginia Supreme Court · Sep 27, 1921

These authorities clearly establish the doctrine in this country that the bank which discounts a draft with a bill of lading attached is not, in the absence of bad faith on its part, answerable to the drawee for the performance … title to the goods, and the title to the money passed to the plaintiff bank, and when Marshall delivered this draft to the carrier’s agent and accepted the carload of goods he cannot be said to have accepted it for any qualified

Horne v. Coakley

District Court, N.D. West Virginia · Apr 16, 2020

immunity. … immunity.

Akers v. Bd. of Educ. of County of Raleigh

214 W. Va. 337 · West Virginia Supreme Court · Oct 31, 2003

Vol. 2003), through which she challenged the Board's decision that she was not qualified for the Medicaid Billing Reviewer position. By decision dated June 16, 2001, the grievance was denied at Level I. … An evidentiary hearing was held on September 7, 2001, for the purpose of supplementing the record established at the lower levels.

State of West Virginia v. Daniel L. Herbert

234 W. Va. 576 · West Virginia Supreme Court · Nov 25, 2014

Therefore, we cannot say that the circuit court’s failure to qualify its transferred intent instruction amounted to reversible error under the plain error doctrine. E. … In analogous charges, prior convictions are clearly penalty enhancers, not necessary elements of the current crime charged. .

Pace v. Celebrezze

243 F. Supp. 317 · District Court, S.D. West Virginia · Jul 21, 1965

If the children are to qualify as the legitimate issues of wage earner, they then must come under Section 4086 of the Code. The statute 3 refers specifically to “marriages deemed null in law.” … In June of 1959, wage earner, having established a period of disability in 1958, and his wife filed for wife’s and child’s insurance benefits, but their claims were denied.

State v. Tincher

81 W. Va. 441 · West Virginia Supreme Court · Nov 27, 1917

But to have this effect the possession must be established by competent evidence. … Our decisions say inadmissible proof calls for reversal of a judgment of conviction, unless it appears clearly that its admission could not have affected the result. State v. Musgrave, 43 W. Va. 67 3; State v.

Randal W. Valentine v. Howard Concrete Pumping Co., Inc.

Intermediate Court of Appeals of West Virginia · Feb 15, 2023

Furthermore, the recommended percentage of impairment based on the 2020 audiogram was completed by an audiologist, whereas West Virginia Code of State Rules § 85-20-47.1 (2006) provides that only physicians who are qualified … Consequently, the OOJ found that the evidentiary record did not establish that Mr. decibel levels of the loader, the pumping machine, and the vibrators on the fly ash bins as Mr.

Michael K.T. v. Tina L.T.

182 W. Va. 399 · West Virginia Supreme Court · Dec 21, 1989

West Virginia Code § 48A-6-1 clearly was not intended to apply to a proceeding where the issue is disproof, rather than proof of paternity. See note 4. Accordingly, W.Va. … As our Legislature has recognized, children clearly have a right to discover who their parents are and to have support and maintenance obligations established in their favor. See W.Va.Code §§ 48A-6-1 to 48A-6-6.

State v. Cook

228 W. Va. 563 · West Virginia Supreme Court · Oct 28, 2010

Given Appellant’s failure to establish actual first prong of Facemire—there would be no point in requiring the trial court to apply the second prong of Facemire , which is a balancing of the established prejudice against … Prior to Stephens , the issue of whether a babysitter qualified as a custodian under the statute had not been addressed.

State ex rel. Butts v. Wolford

86 W. Va. 549 · West Virginia Supreme Court · Jul 8, 1920

Hence, clearly legislative policy, as manifested in a general statute, is only one of the elements recognized in the enactment. … But there are, qualifying words which may require separate action and division of powers.

Goetz v. Old National Bank of Martinsburg

140 W. Va. 422 · West Virginia Supreme Court · Nov 23, 1954

S. 362 , 25 L.Ed. 813 . *440 An examination of Chapter 4,43 Elizabeth, shows clearly that the object and purpose of that statute was to establish commissions whose duty should be to enforce charitable uses. … The foregoing statement of the rule against perpetuities clearly applies to human beings.