course hearing (West Virginia) · Go Syfert
← West Virginia issues

course hearing in West Virginia

7 West Virginia opinions name it 1 courts 1949–2019 0 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Bays v. Police Civil Service Commissiongreen
wva · 1988 · cited in 1 West Virginia opinions naming this issue, 2019–2019
2 sentences

2019There, this Court considered whether the Charleston Police Civil Service Commission had authority under the Act to impose a 90/10 pass rate on written examinations for promotion.11 We held that it did not because the Commission’s rule elevated one promotional consideration—written exam scores—over the others specified in § 8-14-17, essentially reading the other factors (service and experience) out of the statute.12 In the course of our analysis, we stated in dicta that a 10 Id. 11 Bays, 178 W.

2019There, this Court considered whether the Charleston Police Civil Service Commission had authority under the Act to impose a 90/10 pass rate on written examinations for promotion.11 We held that it did not because the Commission’s rule elevated one promotional consideration—written exam scores—over the others specified in § 8-14-17, essentially reading the other factors (service and experience) out of the statute.12 In the course of our analysis, we stated in dicta that a 10 Id. 11 Bays, 178 W.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Maples v. West Virginia Department of Commerce green
wva · 1996
2 sentences

2017As this Court has repeatedly cautioned, “‘[a] litigant may not silently acquiesce to an alleged error, or actively contribute to such error, and then raise that error as a reason for reversal on appeal.’ Syllabus Point 1, Maples v. West Virginia Dep’t of Commerce, 197 W.Va. 318 , 475 S.E.2d 410 (1996).” Syl.

2017As this Court has repeatedly cautioned, “‘[a] litigant may not silently acquiesce to an alleged error, or actively contribute to such error, and then raise that error as a reason for reversal on appeal.’ Syllabus Point 1, Maples v. West Virginia Dep’t of Commerce, 197 W.Va. 318 , 475 S.E.2d 410 (1996).” Syl.

12017–2017
Overfield v. Collins green
wva · 1997
1 sentence

1999Instead, he expressed the opinion that it was unnecessary for the court to sanction or ratify the agreement relating to the custody of the child, and he expressed the opinion that, given the holding in Overfield v. Collins, id., it was questionable whether he had authority to grant the relief sought.

11999–1999
State Ex Rel. Cooper v. Caperton green
wva · 1996
2 sentences

1997As we held in syllabus point two of State ex rel Cooper v. Caperton, 196 W.Va. 208 , 470 S.E.2d 162 (1996): “To preserve an issue for appellate review, a party must articulate it with such sufficient distinctiveness to alert á circuit court to the nature of the claimed defect.” See Id., 196 W.Va. at 216 , 470 S.E.2d at 170 . (“It must be emphasized that the contours for appeal are shaped at the circuit court level by setting forth with particularity and at the appropriate time the legal ground upon which the parties intend to rely.”) Though defendant now asserts that the court committed error

1997As we held in syllabus point two of State ex rel Cooper v. Caperton, 196 W.Va. 208 , 470 S.E.2d 162 (1996): “To preserve an issue for appellate review, a party must articulate it with such sufficient distinctiveness to alert á circuit court to the nature of the claimed defect.” See Id., 196 W.Va. at 216 , 470 S.E.2d at 170 . (“It must be emphasized that the contours for appeal are shaped at the circuit court level by setting forth with particularity and at the appropriate time the legal ground upon which the parties intend to rely.”) Though defendant now asserts that the court committed error

11997–1997
Bacchus Imports, Ltd. v. Dias green
scotus · 1984
2 sentences

1986(Bacchus Imports, Ltd. v. Dias, 468 U.S. 263 , 104 S.Ct. 3049 , 82 L.Ed.2d 200 (1984) acknowledges the authority of state courts operating under state law to craft appropriate remedies for constitutional imperfections in state tax schemes).

1986(Bacchus Imports, Ltd. v. Dias, 468 U.S. 263 , 104 S.Ct. 3049 , 82 L.Ed.2d 200 (1984) acknowledges the authority of state courts operating under state law to craft appropriate remedies for constitutional imperfections in state tax schemes).

11986–1986
Club Aluminum Co. v. Young green
mass · 1928
2 sentences

1982While there is some authority for the proposition that an employee’s skills can never be the subject of a restrictive covenant, even when acquired through a course of instruction in the employment, Club Aluminum Co. v. Young, 263 Mass. 223 , 160 N.E. 804 (1928), this is not the better rule.

1982While there is some authority for the proposition that an employee’s skills can never be the subject of a restrictive covenant, even when acquired through a course of instruction in the employment, Club Aluminum Co. v. Young, 263 Mass. 223 , 160 N.E. 804 (1928), this is not the better rule.

11982–1982
Harbert v. County Court of Harrison County green
wva · 1946
1 sentence

1949Va. 54, 64 , 39 S. E. 2d 177, 186 , involving the construction of a statute, this Court said: “* * * [it is a] well recognized and long established principal of interpretation of written instruments that the express mention of one thing implies the exclusion of another, expressio unius est exclusio alterius * * During the course of the hearing before the commissioner, the defendants sought by oral evidence to assert a modification of the contract, to the effect that plaintiffs should be charged with such cost or share of defendants’ general overhead, as the cost of the work done by plain *489

11949–1949

Where else courts name it

CA 150 (1902–2025) NY 128 (1863–2025) IL 92 (1891–2026) PA 69 (1906–2026) TX 66 (1922–2023) OR 52 (1970–2025) MD 47 (1940–2025) WA 46 (1980–2026) CT 42 (1942–2024) FL 36 (1941–2025) NJ 36 (1938–2026) OH 35 (1985–2023) MI 33 (1921–2025) TN 25 (1977–2025) MO 25 (1901–2022) MA 22 (1876–2024) VA 20 (1887–2021) LA 20 (1963–2018) WI 19 (1946–2026) GA 19 (1979–2019) NC 19 (1950–2021) CO 16 (1963–2021) MN 14 (1922–2024) IN 14 (1891–2013) NE 13 (1910–2022) AZ 11 (1971–2024) AL 11 (1937–2004) UT 10 (1951–2026) IA 10 (1862–2023) HI 9 (1979–2022) DC 9 (1959–2011) RI 9 (1928–2018) AK 8 (1975–2023) OK 8 (1896–2006) DE 7 (1954–2020) MT 7 (1976–2021) WV 7 (1949–2019) WY 6 (1987–2017) MS 6 (1956–2024) SD 6 (1910–2019) AR 5 (1928–2001) ME 5 (1989–2017) KY 4 (2002–2026) KS 4 (1915–2021) VT 3 (1969–2016) NM 3 (1999–2025) NH 3 (1982–1995) ND 3 (1985–1998) SC 3 (1964–1992) NV 2 (1994–2020) ID 2 (1986–1993)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check