W. Va. Code » §2-1-1. Common law.
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W. Va. Code § 2-1-1 (2026)

Common law

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ARTICLE 1. COMMON LAW.

§2-1-1. Common law.

The common law of England, so far as it is not repugnant to the principles of the Constitution of this state, shall continue in force within the same, except in those respects wherein it was altered by the general assembly of Virginia before June 20, eighteen hundred and sixty-three, or has been, or shall be, altered by the Legislature of this state

Notes of Decisions
Cited in 27 cases, 1978–2019 · leading case: State of West Virginia v. Orville M. Hutton, 776 S.E.2d 621 (W. Va. 2015).
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State of West Virginia v. Orville M. Hutton, 776 S.E.2d 621 (W. Va. 2015). · cites it 13× “We held in Morningstar that article VIII, § 13 of the state constitution and W. Va. Code § 2-1-1 , which established the English common law as of 1863 as a part of our law, “were not intended to operate as a bar to this Court’s evolution of common law principles, including its…”
Morningstar v. Black & Decker Mfg. Co., 253 S.E.2d 666 (W. Va. 1979). · cites it 6× “Second, we are reminded that as a result of W.Va. Code, 2-1-1, and the provision found in Article VIII, Section 13 of the West Virginia Constitution, we are not empowered to alter the common law as it existed in 1863.”
State Ex Rel. Atkinson v. Wilson, 332 S.E.2d 807 (W. Va. 1985). · cites it 6× “2d 666 (1979), we discussed at length our ability to alter common law principles in view of Section 13 of Article VIII of the West Virginia Constitution [7] and W.Va.Code, 2-1-1. [8] After *810 a thorough review of similar enactments in other states, we concluded that: "The…”
TXO Prod. Corp. v. All. Resources Corp., 419 S.E.2d 870 (W. Va. 1992). · cites it 2× “2d 666 (1979): Article VIII, Section 13 of the West Virginia Constitution and W.Va.Code, 2-1-1, were not intended to operate as a bar to this Court's evolution of common law principles, including its historic power to alter or amend the common law.”
Boarman v. Boarman, 556 S.E.2d 800 (W. Va. 2001). · cites it 2× “W.Va.Code § 2-1-1(1923). Except as otherwise provided in this article, such parts of the common law, and of the laws of this State as are in force on the effective date of this article and are not repugnant thereto, shall be and continue the law of this State until altered or…”
Mallet v. Pickens, 522 S.E.2d 436 (W. Va. 1999). · cites it 2× “Though some have argued that it is not this Court’s prerogative to alter the common law in any substantial way, and that our Constitution prohibits such amendments, we have held that, “Article VIII, Section 13 of the West Virginia Constitution and W. Va.Code, 2-1-1, were not…”
Daniel W. Thomas v. William Ray McDermitt & State Farm Mut. Ins., 751 S.E.2d 264 (W. Va. 2013). · cites it 2× “This is so because the Legislature specifically has recognized that “[t]he common law .”
State Ex Rel. McGraw v. Telecheck Servs., Inc., 582 S.E.2d 885 (W. Va. 2003). · cites it 2× “"); see generally, McLaughlin, James Audley, "The Idea of the Common Law in West Virginia Jurisprudential History: Morningstar v.”
McDavid v. United States, 584 S.E.2d 226 (W. Va. 2003). · cites it 2× “2d 666 (1979) that "Article VIII, Section 13 of the West Virginia Constitution and W.Va. Code, 2-1-1, were not intended to operate as a bar to this Court's evolution of common law principles, including its historic power to alter or amend the common law.”
Bradley v. Appalachian Power Co., 256 S.E.2d 879 (W. Va. 1979). “2d 666 (1979), we analyzed certain constitutional and statutory language, and stated in Syllabus Point 2 this Court’s role in the development of common law principles: *335 “Article VIII, Section 13 of the West Virginia Constitution and W. Va. Code, 2-1-1, were not intended to…”
SER Discover Fin. Servs., Inc. v. Hon. David W. Nibert & SER Glaxosmithkline, LLC v. Hon. James H. Young, Jr., 744 S.E.2d 625 (W. Va. 2013). · cites it 2× “See W. Va.Code § 2-1-1 (1923) (Repl.Vol. 2011) ("The common law of England, so far as it is not repugnant to the principles of the constitution of this state, shall continue in force within *249 the same, except in those respects wherein it was altered by the general assembly of…”
Thomas v. Bd. of Educ., 280 S.E.2d 816 (W. Va. 1981). · cites it 2× “This provision of the Constitution is to be read in pari materia with W.Va. Code § 2-1-1 (1979 Replacement Vol.”
Show all 27 citing cases →
W. Va. Code § 2-1-1(1923): 1 case
Boarman v. Boarman, 556 S.E.2d 800 (W. Va. 2001). “W.Va.Code § 2-1-1(1923). Except as otherwise provided in this article, such parts of the common law, and of the laws of this State as are in force on the effective date of this article and are not repugnant thereto, shall be and continue the law of this State until altered or…”
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