Case law

Burkheimer v. Blake

71 W. Va. 155 · West Virginia Supreme Court · Oct 22, 1912

It is contended here on Blake’s behalf that there is no proof of the fraud and conspiracy alleged, and that the evidence wholly *158 fails to establish that the several alleged false representations were in fact made, or … But if the representation was made, and made the basis of credit, and was relied oh by the plaintiff, it does not clearly appear that the representation was false.

Ex parte Faulkner

1 W. Va. 269 · West Virginia Supreme Court · Jan 15, 1866

Both acts clearly apply to the same officers, and if one does not embrace attorneys the other cannot. … I see no reason, therefore, in the 2nd objection, to authorize this court in refusing to permit the applicant to qualify and practice as an attorney and counsellor in this court, upon his taking the oaths required by law

Ohio Valley Environmental Coalition, Inc. v. Hobet Mining, LLC

717 F. Supp. 2d 541 · District Court, S.D. West Virginia · Jun 14, 2010

An interest does not qualify under Rule 19(a)(1)(B) unless claimed. … The statutory enforcement scheme clearly contemplates the existence of concurrent state and federal proceedings in cases where governmental enforcement is not adequate to bring a violator into compliance.

Vest v. Cobb

138 W. Va. 660 · West Virginia Supreme Court · Jul 28, 1953

Moreover, Code, 30-3 and 30-14 are clearly not to be read together, from the plain words of each of the statutes. … That situation alone indicates to me that the legislature clearly intended and clearly expressed such intention to draw a line of demarcation between the two schools relating to the practice of medicine and surgery.

Teter v. Old Colony Co.

190 W. Va. 711 · West Virginia Supreme Court · Feb 18, 1994

Cases will undoubtedly arise in which the defect in the property is so clearly apparent that as a matter of law a broker would not be negligent for failure to expressly disclose it, as he could reasonably expect that the … Retail, Wholesale, and Department Store Union, AFL-CIO, 166 W.Va. 1 , 283 S.E.2d 589 (1980): “ ‘Statutes in derogation of the common law are allowed effect only to the extent clearly indicated by the terms used.

James R. and Jamila J. Fleet v. Webber Springs Owners Assoc.

235 W. Va. 184 · West Virginia Supreme Court · Apr 23, 2015

“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. … The Declaration filed by Webber Springs to establish the Webber Springs community expressly sets out the purpose of the assessments as follows: Purpose of Assessments: The assessments levied by the Association shall be used

State v. Larue

98 W. Va. 677 · West Virginia Supreme Court · Apr 24, 1925

in the case of another prosecution for the same alleged crime, and to qualify the court to determine whether the facts constituted an offense. … The proffered evidence is clearly insufficient *695 to make a sale of the- cement to Larne.

Rhodes v. King

District Court, S.D. West Virginia · Aug 11, 2020

in violation of clearly established laws” and is asserted against the Commission. … in violation of clearly established laws” against Defendant King.

Faith United Methodist Church & Cemetery of Terra Alta v. Morgan

231 W. Va. 423 · West Virginia Supreme Court · Jun 13, 2013

The Ramage majority first examined four cases relied upon by the Williams Court and found those cases did not clearly define the term “surface.” … At that time, the surface owner tries to establish title to the minerals despite the ancient severance.76 76 Cyril A.

Watkins v. McDowell County Board of Education

229 W. Va. 500 · West Virginia Supreme Court · Jun 14, 2012

He filed a grievance on her behalf on the ground that she was the most qualified candidate. … Accordingly, the ALJ’s denial of Appellant’s grievance was not clearly wrong. IV.

State of West Virginia v. Shane Eric Hagerman

West Virginia Supreme Court · Nov 9, 2023

rulings of the circuit court concerning a new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly … No juror was excluded from the case on account of race, color, religion, sex, national origin, economic status or being a qualified individual with a disability. See W.Va.

Wade Painter v. David Ballard, Warden

237 W. Va. 502 · West Virginia Supreme Court · Jun 8, 2016

Having established that W.Va. … Here, it -clearly does; Policy Directive 111.06(111) contains an explicit definition of “earnings.”

Walbrecht v. Holbrook

66 W. Va. 296 · West Virginia Supreme Court · Nov 16, 1909

On this showing it is clearly the duty of the Court to overrule the motion to dismiss. The appellant, Mrs. … Iienritze had been duly appointed and qualified as his administrator.. The bill sought to charge with the payment of a judgment for $1000.00, alleged to have been recently recovered by plaintiff against one W.

State v. GEORGIUS

225 W. Va. 716 · West Virginia Supreme Court · May 12, 2010

As this Court has firmly established, “[s]entences imposed by the trial court, if within statutory limits and if not based on some [imjpermissible factor, are not subject to appellate review.” Syllabus Point 4, State v. … Richards, 206 W.Va. 573, 575 , 526 S.E.2d 539, 541 (1999) (stating that Youthful Offenders Act "grants discretionary authority to the circuit courts to suspend imposition of sentence, and place a qualifying defendant in a

Royce D. Burdette v. Donnie Ames

West Virginia Supreme Court · Dec 7, 2020

with [p]etitioner regarding a possible request for bifurcation, counsel’s decision not to seek bifurcation was based on strategic considerations, and [p]etitioner has failed to demonstrate that no reasonably qualified … We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a

State v. Giles

179 W. Va. 323 · West Virginia Supreme Court · Mar 11, 1988

The latter testimony was being offered to establish a motive to bring a false charge. … Assuming arguendo, that “no reasonably qualified defense attorney" would have made the strategic choice to try all three counts together, the defendant did not establish that the failure to sever affected the outcome of the

State Ex Rel. Moats v. Janco

154 W. Va. 887 · West Virginia Supreme Court · Mar 29, 1971

It is not disputed that he was duly qualified to act as a justice of the peace. … On the contrary, the Court has disregarded well-established principles abundantly sustained by prior decisions of this Court, by declining- to hold that the judgment was merely voidable and hence not subject to attack in

Roush v. Justice

949 F. Supp. 449 · District Court, S.D. West Virginia · Dec 23, 1996

The statute clearly does not permit or condone Defendants’ conduct. … In. ordering Plaintiff’s wages withheld to satisfy a nonexistent support obligation, and in overlooking Skeen’s letters, Defendants clearly violated the statute.

Reedy v. Propst

169 W. Va. 473 · West Virginia Supreme Court · Mar 11, 1982

In several respects the estate devised the appellee resembles a fee simple determinable, also called a base or qualified fee. … Singer, 162 W.Va. 502 , 250 S.E.2d 369 (1978), and thus will find a condition to be precedent only when the will clearly manifests such an intent on the part of the testator. Suter v.

Arnold Harrison v. Porsche Cars North America, Inc.

West Virginia Supreme Court · Apr 12, 2016

Petitioner thus contends that he “clearly argued that the opt-out was adequate notice in the pleadings and at hearing.” … Pulsaski, [171 W.Va. 79,] 297 S.E.2d 854 [(1982)].”7 In its Rule 12(b)(6) order, the circuit court concluded that petitioner’s allegations were not sufficient to establish a “sudden calamitous event” under Star Furniture,