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.
| Case | Followed | Cited |
|---|---|---|
Bays v. Police Civil Service Commissiongreen2 sentences2019There, 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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Maples v. West Virginia Department of Commerce
green
2 sentences2017As 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. | 1 | 2017–2017 |
Overfield v. Collins
green
1 sentence1999Instead, 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. | 1 | 1999–1999 |
State Ex Rel. Cooper v. Caperton
green
2 sentences1997As 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 | 1 | 1997–1997 |
Bacchus Imports, Ltd. v. Dias
green
2 sentences1986(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). | 1 | 1986–1986 |
Club Aluminum Co. v. Young
green
2 sentences1982While 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. | 1 | 1982–1982 |
Harbert v. County Court of Harrison County
green
1 sentence1949Va. 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 | 1 | 1949–1949 |
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.