Case law

Norfolk Southern Railway Co. v. Maynard

190 W. Va. 113 · West Virginia Supreme Court · Oct 28, 1993

Bronson, 167 W.Va. 35, 41 , 277 S.E.2d 718, 722 (1981) (“[t]he right to prohibition must clearly appear”); State v. … required at which the plaintiff must establish personal jurisdiction by a preponderance of the evidence.”

Brumfield v. Board of Education

121 W. Va. 725 · West Virginia Supreme Court · Dec 12, 1939

The petition alleges that Brumfield qualified as a board member on July 6, 1937, and served until January 3, 1939; that Vin-cen’s claimed appointment in lieu of Brumfield was voidable, if not void; that at a regular meeting … How, then, can we say that a clear legal right has been established where the evidence, as in the instant case, is, at the most contradictory? The record here does not lend itself to such a conclusion.

Harrison Construction Co. v. Greystone Hotel Co.

99 W. Va. 5 · West Virginia Supreme Court · Apr 21, 1925

It clearly intended to provide a builder witb a simple, as well as quick method of securing a lien for work done and materials furnished. … The decisions of our court qualify the latter rule to this extent: the officer making the affidavit should have requisite knowledge and information of the facts verified. In this case, the law implies that Mr.

Buskirk v. Judge of Circuit Court

7 W. Va. 91 · West Virginia Supreme Court · Aug 22, 1873

For these reasons, I presume, jurisdiction of these classes of eases is conferred on the Supreme Appellate Court, established for final dispensation of relief. … importance; by writ of error, supersedeas or appeal, extends, and is daily enforced, not only in cases involving the largest sums and amounts of money and property litigated, but cases involving the lives, liberties and immunities

Bridges v. Shallcross

6 W. Va. 562 · West Virginia Supreme Court · Jul 19, 1873

The courts should sustain legislative action when not clearly satisfied of its invalidity; and unless it clearly appears that it is contrariant to the constitution then there is reasonable doubt of its invalidity, and it … Acts p. 51 establishing a special Court of Appeals, constituted of judges of the circuit courts, is constitutional.

Butcher v. Kunst

65 W. Va. 384 · West Virginia Supreme Court · Mar 23, 1909

Butcher, she would be wholly incompetent, if a resident and otherwise qualified to administer the estate. … Next it is said that it is necessary for a creditor applying for administration to establish by affidavit or otherwise the nature, character and amount of his debt and that his debt is not fictitious.

Metropolitan Life Insurance v. Lamb

117 W. Va. 306 · West Virginia Supreme Court · Mar 25, 1936

Litz, Judge: This is a suit to establish a preference against an insolvent bank. … A holding that would be followed by such disastrous consequences to other persons must not be made unless the justification therefor is clearly established.”

Bank of Raleigh v. Thompson

177 W. Va. 162 · West Virginia Supreme Court · Nov 28, 1986

However, certain general principles have been established which are applicable to all such cases. Id. … However, in her will, the testatrix clearly referred to the word “income” when it was her intent to do so.

Walls v. McKinney

139 W. Va. 866 · West Virginia Supreme Court · May 18, 1954

We find nothing in this record which shows clearly that the plaintiff was an independent contractor. … The circumstances of his employment and the payment on an hourly and trip basis for his labor are not sufficient to clearly establish the relationship of independent contractor.

Tomashek v. A.S. Meadows

District Court, S.D. West Virginia · Apr 2, 2018

The jail defendants allege that they have qualified immunity for the three counts remaining against them. Mem. Law Supp. Mot. Set Aside Default 6 [ECF No. 81]. … They briefed the issue of qualified immunity in their summary judgment motion, which has not yet been ruled on. Mem. Law Supp. Mot. Summ. J. [ECF No. 69]. This potential defense weighs in their favor.

United States v. Eureka Pipeline Company

401 F. Supp. 934 · District Court, N.D. West Virginia · Oct 8, 1975

Thus, Defendant claims, the immunity granted by paragraph (5) should be extended to cover the penalty imposed by paragraph (6) which it claims is also penal in nature. … Rogers Morton, 161 U.S.App.D.C. 68 , 494 F.2d 987 (1974), and clearly provides for the necessary elements of due process.

Patricia Ann S. v. James Daniel S.

190 W. Va. 6 · West Virginia Supreme Court · Jul 23, 1993

The parties agree that the guidelines for establishing custody are clearly set forth in Garska v. McCoy, 167 W.Va. 59 , 278 S.E.2d 357 (1981). … However, in syllabus point 5 of Garska , we pointed out, "[i]f the trial court is unable to establish that one parent has clearly taken primary responsibility for the caring and nurturing duties of a child neither party shall

Huffman v. Goals Coal Co.

223 W. Va. 724 · West Virginia Supreme Court · Jun 9, 2009

Code § 29A-5-4(a) and reviews questions of law presented de novo; findings of fact by the administrative officer are accorded deference unless the reviewing court believes the findings to be clearly wrong.”); Syllabus Point … It is the duty of the legislature to consider facts, establish policy, and embody that policy in legislation.

Burnell v. City of Morgantown

210 W. Va. 506 · West Virginia Supreme Court · Nov 13, 2001

It is clearly the weight of authority, and it is expressly provided in our Constitution, that in the event of an inconsistency or conflict between a charter provision and a general law, the latter will prevail_Therefore, … A total of only three-employee associations will be permitted as the exclusive representative of City personnel for the purpose of establishing collective bargaining contracts.

King v. Ferguson

198 W. Va. 307 · West Virginia Supreme Court · Nov 15, 1996

Rossi stated: “As far as what she [plaintiff] may or may not lose in the future, I don’t think I’m qualified to give you an opinion.” … The plaintiffs own expert retracted his opinion on this issue and indicated he was not qualified to address the matter.

HSBC Bank USA v. Resh

40 F. Supp. 3d 728 · District Court, S.D. West Virginia · Aug 21, 2014

Praxair, Inc., 494 F.3d 458, 464 (4th Cir.2007) (noting that “the burden of establishing the affirmative defense rests on the defendant”). … While previous provisions in the contract clearly noted windows that had been installed in 1989, they did not clearly note replacement windows installed in 1999. Id. at *4.

Redman v. Community Hotel Corp.

138 W. Va. 456 · West Virginia Supreme Court · Jun 16, 1953

This being true, it necessarily follows that where the evidence produced on the trial clearly establishes defendant was in no manner negligent in respect to the facts which gave rise to the inference, there remains no question … contributory negligence has been so established.

Hawley v. Levy

99 W. Va. 335 · West Virginia Supreme Court · Jun 9, 1925

Nesbitt relative to selling him' the bakery equipment, which resulted in Nesbitt agreeing, as he said, “to buy the goods”, although he qualified that statement by saying that no contract was then entered into. … The conduct of both seller and buyer clearly indicates that it was mutually understood that the payment of the sight draft and the signing of the contract should take place before the possession of the goods should be delivered

E.B. v. Alliance Coal, LLC (included, Justice Armstead, joined by Justice Bunn, dissenting)

West Virginia Supreme Court · Apr 25, 2025

Before this Court, 3 petitioner argues that he established good cause for remanding his case to the BOR so that he can obtain an evaluation from a qualified psychiatrist. … Zell was a qualified psychiatrist, we find that the ICA erred by not remanding petitioner’s case to the BOR so that he can submit a psychiatric evaluation obtained from a qualified psychiatrist. See W. Va.

Apollo Civic Theatre, Inc. v. State Tax Commissioner

223 W. Va. 79 · West Virginia Supreme Court · Dec 10, 2008

“To prevent evasion, it is presumed that all sales and services are subject to the [consumer sales] tax until the contrary is clearly established.” W.Va.Code, 11 — 15—6(b) [2003]. … The record in the instant ease clearly establishes that the activities and programs of the taxpayer, the Apollo Civic Theatre, contribute importantly to improving health and fitness and providing recreational opportunities