Case law

State Ex Rel. City of Princeton v. Buckner

180 W. Va. 457 · West Virginia Supreme Court · Jul 1, 1988

Clearly, with this definition, the Court refused to include pistols as a constitutionally protected weapon pursuant to its second amendment analysis. … Ill, § 22 of our State Constitution is sweeping, and we look to the well established rules of constitutional construction in order to ascertain its meaning.

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.

Anthony J. Veltri v. Diane Parker and John Michael Withers

232 W. Va. 1 · West Virginia Supreme Court · Oct 17, 2013

Withers used this evidence to create his case, which shows that the right clearly did not exist at the time the action was filed. Rather, Mr. … Withers sought to use the mandamus proceeding, itself, to establish his case. Thus, Mr.

Crandell v. Hardy County Rural Development Authority

District Court, N.D. West Virginia · May 10, 2019

“The legislative history of the 1866 Act clearly indicates that Congress intended to protect a limited category of rights, specifically defined in terms of racial equality.” Georgia v. Rachel, 384 U.S. 780 (1966). … “To establish a claim under Section 1985(3), a plaintiff must establish: “(1) a conspiracy; (2) for the purpose of depriving him, either directly or indirectly, of equal protection of the laws, or of equal privileges and

Peters v. Kanawha Banking & Trust Co.

118 W. Va. 484 · West Virginia Supreme Court · Mar 30, 1937

The executors qualified and became responsible for the estate intrusted to them by the will. … This is clearly what the will intended and we cannot depart from its terms.

Hardin v. Collins

125 W. Va. 81 · West Virginia Supreme Court · Nov 24, 1942

A number of qualified witnesses testify to this effect, and further state that the handwriting is that of Hiram Collins. Against this testimony, there is no evidence whatever. … There are but few cases in the books where a deed or will has been set aside on the sole ground that the grantor or testator was mentally incompetent; but marked mental feebleness once being established, a. lesser degree

State v. Williams

196 W. Va. 639 · West Virginia Supreme Court · Jun 17, 1996

[since] DUI ... is clearly a misdemeanor, but for the fact that it has been committed two times prior to the subject offense.” … Since the decision regarding what offenses qualify as misdemeanor versus felony is solely up to the Legislature, the State contends that the absence of any language exempting offenses such as third offense DUI from the terms

State of West Virginia v. Jimmy Dale Cearley

West Virginia Supreme Court · Mar 16, 2015

forgery that was later severed. 1 conviction and prior to sentencing, the State filed a recidivist information alleging petitioner had three prior felony convictions qualifying … In this matter, it is clear that petitioner failed to establish an evidentiary basis for an instruction on the lesser included offense of first degree sexual abuse, and, as such, his proposed instruction did not concern an

State v. Johnson

49 W. Va. 684 · West Virginia Supreme Court · Sep 7, 1901

free from exception and all the others Avho appeared being challenged for causes, and it appearing that the several venire facias have been exhausted, it is ordered that the sheriff of this county do summon one hundred qualified … Va. 764 : “All error is presumed to be prejudicial, and only in extreme cases, where it clearly appears that no injury could have resulted, will this Court refused to set aside a verdict rendered on erroneous instructions

State Ex Rel. Affiliated Construction Trades Foundation v. Vieweg

205 W. Va. 687 · West Virginia Supreme Court · Jul 14, 1999

The Commissioner's power to commence and discontinue litigation is clearly discretionary. … It just looks terrible for a former coal company executive to spearhead a move that has the effect of giving his former business colleagues immunity from civil liability.

In re A.S. and J.S.-1

West Virginia Supreme Court · Apr 20, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Moreover, petitioner fails to cite to the record establishing that he contested any of the instances of domestic violence during the proceedings below.

State ex rel. Booth v. Board of Ballot Commissioners of Mingo County

156 W. Va. 657 · West Virginia Supreme Court · Oct 10, 1972

As to whether mandamus is the proper remedy to try title to a public office, the scope of the writ has not been clearly defined in this jurisdiction. State ex rel. Porter v. … While the Constitution, Article VIII, § 24, clearly declares that the election contest for county and district offices shall be tried by the county court, it also qualifies that power by subjecting it “to such regulations

Black v. Maxwell

131 W. Va. 247 · West Virginia Supreme Court · Mar 16, 1948

Harrison, Jr., named as executor in the codicil and in the instrument dated February 11, 1946, was appointed and qualified as executor of the instrument probated as the will. … As the final decree of the Circuit Court of Upshur County is clearly right it must be and it is affirmed. Affirmed.

Roberts v. Barnes

District Court, N.D. West Virginia · May 25, 2023

They contend that (1) Roberts has failed to state a claim upon which relief may be granted, (2) they are entitled to qualified immunity on claims against them in their individual capacities … In addition to asserting that Roberts’s claims are insufficiently pleaded and lack merit, the Defendants contend that (1) qualified immunity shields them from Roberts’s claims against

Kable v. Mitchell

9 W. Va. 492 · West Virginia Supreme Court · Sep 11, 1876

Said special commissioners further reported, that said Kable, on the day of the date of said report, paid into the hands of the special commissioners, who qualified under said decree, the sum of $3,803.25, being one-third … I remark here that this is clearly a mistake-The costs of the sale were in fact about what the court ascertained in its decree, as clearly appears from and by the record, to-wit: $85.25, which includes the cost • of survey

Gaymont Fuel Co. v. Price

135 W. Va. 785 · West Virginia Supreme Court · May 15, 1951

Laing having theretofore qualified, a final settlement of her accounts as such administratrix was made on or about July 6, 1948. Samuel K. Price, Administrator of the estate of Susan K. … The rule and the .reason therefor is stated in the following appropriate language: “It is a doctrine of law too long established to require a citation of authorities, that, where a court has jurisdiction, it has a right to

State of West Virginia v. Cutright

West Virginia Supreme Court · Oct 29, 2021

The State’s second and final witness, Rebecca Harrison, who works for the West Virginia State Police, was qualified as an expert in forensic analysis. Ms. … As for Counts 1 and 4 (charging conspiracy and intent to deliver methamphetamine), the State argued that the evidence established a prima facie case for the jury to resolve.

Watkins v. Lincare Inc.

District Court, S.D. West Virginia · Aug 24, 2023

response that admits certain matters, if possible, but denies or gives a qualified answer to the rest; or (5) an objection on a clearly stated ground—for example, on the basis that the matter demanded to be admitted is … But that is incorrect, because the facts that Plaintiff is asked to apply are not uncontroverted and established facts.

Eghnayem v. Boston Scientific Corp.

57 F. Supp. 3d 658 · District Court, S.D. West Virginia · Oct 27, 2014

Failure to Establish or Adhere to Testing Protocol First and most simply, Dr. … Zakrzewski clearly indicates that he has no knowledge of who wrote the MSDS or why it was written. {See Za-krzewski Dep. [Docket 215-14], at 45). Dr.

State Ex Rel. Alsop v. McCartney

159 W. Va. 829 · West Virginia Supreme Court · Sep 28, 1976

Code, 3-10-3 might be accurate if that code section stood alone; however, Senate Bill No. 322 clearly provides for the newly created judge-ships to be filled at the general election in November 1976: *836 “The election of … Rather, such independent or splinter party candidates must qualify for ballot position in accordance with W. Va.