Case law

In re A.B. and B.B.-1

West Virginia Supreme Court · Jun 22, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Here, the evidence established both of these factors, making a home study unnecessary.

State Ex Rel. Ring v. Boober

200 W. Va. 66 · West Virginia Supreme Court · May 30, 1997

Article VIII, Section 10 otherwise provides, in relevant part, that a jury in a magistrate court “shall consist of six jurors who are qualified as prescribed by law.” … Initially, we note that the magistrate court system was established pursuant to the Judicial Reorganization Amendment of 1974. See State ex rel. Burdette v. Scott, 163 W.Va. 705, 706-7 , 259 S.E.2d 626, 628 (1979).

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.

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.

Mayhew v. Mayhew

205 W. Va. 490 · West Virginia Supreme Court · Jul 14, 1999

May-hew had established that Mr. … The rejection of a dual burden of persuasion must be clearly understood as applying only to Mayhew I’s requirement that the nonproperty owner carry the burden of proof in establishing active appreciation and the property

Doe v. City of Gauley Bridge

District Court, S.D. West Virginia · Aug 22, 2022

enough to establish a policy or custom attributable to [the City].” … Code § 29-12A-4(c) can survive immunity from liability under the general grant of immunity in W. Va. Code § 29- 12A-4(b)(1).”

Francis McGuire and Equity Capital, LLC v. Keith McGuire

Intermediate Court of Appeals of West Virginia · Aug 29, 2025

June 16, 2017) (memorandum decision) (restating assignments of error where they involve clearly related issues). … This is simply a challenge to the circuit court’s factual findings that fails to demonstrate that they were clearly erroneous.

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,

State v. King

183 W. Va. 440 · West Virginia Supreme Court · Jun 28, 1990

The things that’s [sic] on the tape are not offered to you for the purposes of establishing or proving the truth of anything that was said in this statement. … W.Va.Code, 52-1-11 [1986] authorizes a court to excuse a qualified prospective juror from jury service upon a showing of undue hardship, extreme inconvenience, or public necessity.

Stone v. St. Joseph's Hosp. of Parkersburg

208 W. Va. 91 · West Virginia Supreme Court · Oct 20, 2000

A more direct and succinct review of our existing statutes and corresponding state regulations clearly allows the Appellee to bring the action he did. See W. Va.Code § 5-11-3(m) (1998) and W. … Stone clearly caused the Hospital's case to founder at trial. Mr. Stone lost a substantial amount of money as a result of his involuntary transfer.

Waynesburg Southern Railroad Company v. Lemley

154 W. Va. 728 · West Virginia Supreme Court · Dec 15, 1970

Waynesburg is a corporation organized under the laws of the Commonwealth of Pennsylvania and is duly qualified to do business in tire State of West Virginia. … Such evidence does not constitute proof that this railroad was established and is operating for private rather than public use.

Winters v. Campbell

148 W. Va. 710 · West Virginia Supreme Court · Jul 7, 1964

This view, strengthened by the fact that the magistrate may often be protected by the doctrine of judicial immunity and the officer by the apparent regularity of his process, has led some courts to affirm in broad terms the … established.

Board of Education v. Zando, Martin & Milstead, Inc.

182 W. Va. 597 · West Virginia Supreme Court · Feb 22, 1990

The court qualified him to testify as an expert as to structural matters. In Syllabus Point 3 of Ventura v. … be disturbed unless it clearly appears that its discretion has been abused.’

Overfield v. Collins

199 W. Va. 27 · West Virginia Supreme Court · Feb 11, 1997

We established this general rule in the Syllabus of State ex rel. Kiger v. … Finally, we would require that the Court appoint a qualified guardian ad litem to represent the interests of the children to assure that their feelings, hopes and aspirations are fully protected. See W. Va. R. Civ.

Smith v. Ward

66 W. Va. 190 · West Virginia Supreme Court · Nov 9, 1909

The covenant of general warranty, unless qualified by the contract, in terms is a protection against defects of title whether they result from mistakes of law or mistakes of facts.” ' See Rawle 123. … I thought that the, above quotation from Judge SNYDER was ample to establish the proposition that where a general warranty is made, knowledge of defect of title does not preclude the grantee from the benefit of the warranty

United States v. Exxonmobil Corp.

264 F.R.D. 242 · District Court, N.D. West Virginia · Jan 15, 2010

. § 9613 (f)(1), it also affords immunity from such claims to a PRP who settles with the EPA. 42 U.S.C § 9613(f)(2). … Clearly, their common interest is directly adverse to that of Exxon.

Loudin v. J.P. Morgan Trust Co.

481 B.R. 388 · United States Bankruptcy Court, S.D. West Virginia · Sep 5, 2012

The court has already established that this case fits the description given by the Fourth Circuit of cases that are “related to” title 11 bankruptcy proceedings. … The use of “this section” in § 1334(c)(2) clearly refers to § 1334 overall, and therefore the exclusive jurisdiction sought by defendant in § 1334(e)(1) cannot qualify to defeat mandatory abstention.

United States v. M-K Specialties Model M-14 MacHinegun Serial Number 1447797

424 F. Supp. 2d 862 · District Court, N.D. West Virginia · Mar 22, 2006

Once the government establishes probable cause, the burden shifts to the claimant to establish by a preponderance of the evidence that the property was not related to a violation of law. Id. … Clearly, a person with ordinary skill researching automatic weapons and using common tools could replicate the restoration, albeit with some additional time and effort.

Green v. Rubenstein

644 F. Supp. 2d 723 · District Court, S.D. West Virginia · Mar 18, 2009

Devere was clearly not deliberately indifferent to Plaintiffs medical needs. Accordingly, Plaintiffs objection regarding Dr. Devere is OVERRULED. IV. … Correctional Medical Services claims that it “does not qualify as a ‘person’ for purposes of 42 U.S.C. § 1983 .”

Wood v. Wood

190 W. Va. 445 · West Virginia Supreme Court · Dec 10, 1993

Thus, the Appellee’s credit union deduction taken to pay a loan for his second wife’s car is clearly not permissible. … The Plaintiff is now and plans to continue taking courses in education and counselling so that she may be able to qualify for employment.