Case law

Lawrence's Adm'r. v. Hyde

77 W. Va. 639 · West Virginia Supreme Court · Feb 22, 1916

Tested by this general rule, both declarations would be clearly good, if they had alleged plaintiff’s appointment. … In lieu thereof, the court gave one properly qualifying the proposition to the assumption of such hazards as the youth had capacity to appreciate. Adams v. C. & O. Railway Co., 73 W. Va. 698 .

In Re Tyler D.

213 W. Va. 149 · West Virginia Supreme Court · Feb 19, 2003

Amanda D. was unable to produce immunization records for the children and was unsure when Nevaeh D., who appeared to be sick, had last been to a doctor. … However, they assert that the evidentiary record establishes a classic case of failure to protect by a parent.

State ex rel. Emery v. Rodgers

138 W. Va. 562 · West Virginia Supreme Court · Jul 7, 1953

Mellon National Bank and Trust Co., supra, and the record in this case indicates clearly that a proper interpretation of the mandate of this Court, issued pursuant to that opinion, was an effective direction to set aside … The foregoing rule is qualified to the effect that facts must be alleged in the pleadings and established by proof, i. e., rightfully invoked before the rule is applicable. Perkins v. Hall, 123 W. Va. 707, 720 , 17 S.

J. C. Penney Co. v. Haradesty

164 W. Va. 525 · West Virginia Supreme Court · Dec 18, 1979

Taxpayer admits that he has qualified to do business in this State and has employees engaged in the erection of steel tanks in this State. … Comment, State Taxation of Interstate Business: An End to the Privilege Tax Immunity, 29 Univ. Fla. L.

In Re the Estate of Siler

155 W. Va. 743 · West Virginia Supreme Court · Mar 21, 1972

s funeral, The Old National Bank of Martinsburg qualified as Administrator of his estate, ostensibly for protection of the estate. … The controlling question in this case is: Did the proponents establish a valid and unrevoked will?

In the Matter Of: The Honorable Elizabeth Boso, Magistrate of Nicholas County and Former Magistrate Candidate of Kanawha County

West Virginia Supreme Court · Oct 24, 2025

I clearly misinterpreted, you know, where the canon said that you shall reside in the county in which you are elected. It does not say appointed. … Although respondent briefly argues that she was merely a “job applicant,” we find that she plainly qualified as a “judicial candidate” under our Rules.

Warren v. Tate

District Court, N.D. West Virginia · Oct 2, 2024

Further, defendant Kinser would enjoy absolute immunity from such a claim. … “[T]he Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.” Adams v. Rice, 40 F.3d 72, 75 (4th Cir. 1994) (citations omitted).

Meadows v. Meadows

196 W. Va. 56 · West Virginia Supreme Court · Feb 14, 1996

Again, our statute is clearly a remedial one, and the exception to it should be narrowly construed. … It arises out of the usual lack of qualified testimony in litigation involving a will.

In re R.W.

West Virginia Supreme Court · Jun 3, 2021

Lewis was qualified as an expert in this field and testified to the drugs for which petitioner tested positive and the levels of various drugs present in these samples. According to Mr. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Josette F. v. Jaret O. and Jennifer O.

Intermediate Court of Appeals of West Virginia · Mar 25, 2024

“Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, Chrystal R.M. v. Charlie A.L., 194 W. … To determine whether a state qualifies as a child's home state for purposes of determining initial jurisdiction under the UCCJEA, the court must analyze whether any state qualified as the child's home state at any time within

State of West Virginia v. Edward James Perod

West Virginia Supreme Court · Feb 21, 2017

Lanham (who was qualified as an expert in the area of fire causation and origin), and the investigating officers. … Lanham’s testimony was necessary to establish the elements of first-degree arson.

Maslin's Ex'rs v. Hiett

37 W. Va. 15 · West Virginia Supreme Court · Nov 19, 1892

years had already barred this note on April 1, 1870, when fit is claimed that the respondent removed from the State. .But in point of fact, wdien we come to consider that the period of obstruction is a positive fact, in the establishment … of which the burden of pi’oof is clearly upon the plaintiffs, it is quite clear that they have-not met that burden, but that the preponderance of evidence is in favor of the position of respondent, who swears that he did

William T. Widmyer v. David Ballard, Warden

West Virginia Supreme Court · May 15, 2015

In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … In fact, he clearly states that it is to be placed in his “legal file for further use.” As such, it is disingenuous for petitioner to now claim that his first Losh list was merely a draft.

Calvert v. Hun

798 F. Supp. 1226 · District Court, N.D. West Virginia · Jul 15, 1992

Such a situation would clearly subvert the limited role of respondeat superi- or in § 1983 actions. … Atkins, 487 U.S. 42 , 108 S.Ct. 2250 , 101 L.Ed.2d 40 (1988), in which the United States Supreme Court clearly established that: It is the physician’s function within the state system, not the precise terms of his employment

Darnall v. Board of Park Commissioners

124 W. Va. 787 · West Virginia Supreme Court · Oct 27, 1942

We think it devolves upon the Board of Park Commissioners to clearly establish their claim for the reason that it is fundamental that “Laws imposing taxes must be construed strictly and most strongly against the state, and … The Board of Park Commissioners is an elective body, selected by the qualified voters of the park district, which is the City of Huntington.

Baltimore & O. R. Co. v. County of Jefferson

29 F. 305 · U.S. Circuit Court for the District of West Virginia · Jul 1, 1886

action was clearly so repugnant to the constitution as to violate well-known principles of construction. … Under this constitution every white citizen, 21 years old, etc., was qualified to vote.

State v. Lucas

103 W. Va. 743 · West Virginia Supreme Court · May 24, 1927

The defendant claims that the fact of the homicide was not established; that the evidence does not prove that deceased came to his death by any act of the defendant. … This witness said he could see what occurred clearly; that the lights in Thompson’s room and the kitchen were shining on the porch through the open doors.

In Re: A.U.

West Virginia Supreme Court · Jun 19, 2017

The Court has previously established the following standard of review: 3 The parental rights of both parents were terminated below. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Guynup v. Christian

District Court, N.D. West Virginia · Oct 21, 2024

establish: (1) a person acting under color of state law (2) deprived the plaintiff of “a right, privilege or immunity secured by the Constitution or laws of the United States.” Dowe v. … Here, the Plaintiff has not established any of the three required elements to sustain a claim under the ADA.

White v. Williamson

192 W. Va. 683 · West Virginia Supreme Court · Dec 21, 1994

on appeal unless it clearly appears that such discretion has been abused.” … Williamson clearly does not require training to re-enter the job market.