CHAPTER 58. APPEAL AND ERROR.
ARTICLE 3. APPEALS FROM COUNTY COMMISSIONS.
§58-3-1. When appeal lies to circuit court.
An appeal shall lie to the circuit court of the county from
the final order of the county commission in the following cases:
(a) In cases of contested elections tried and determined by such
court; (b) in cases of contempt; (c) the establishment and
regulation of a road, way, bridge, public landing, ferry or mill;
(d) the probate of a will; (e) the appointment and qualification of
a personal representative, guardian, including, but not limited to,
all fiduciaries made pursuant to article ten-a, chapter forty-four
of this code, or committee, and the settlement of their accounts;
(f) the disposition of disputes arising from the provisions of
article three, chapter forty-two of this code, which appeal shall
be de novo; (g) in any other case by law specially provided.
§58-3-1a. Procedures for appeals.
Any interested person may appeal the final order of the county
commission described by the provisions of subdivision (f), section
one of this article to the circuit court as a matter of right by
requesting the appeal within four months after the final order of
the county commission is rendered. The appeal shall be determined
by trial de novo. Upon receipt of the request for appeal, the
clerk of the county commission shall collect the circuit court
filing fee therefor and forward the same, together with the final
order and the request, to the clerk of the circuit court. The
court may require the clerk of the county commission to file with
the circuit clerk all or any portion of the record of the
proceedings which resulted in the final order. No bond may be
required from any party to the appeal. The final order of the
county commission shall be stayed pending the appeal proceedings.
If, after the appeal is filed in the circuit court, the matter is
not brought on for hearing before the end of the second term
thereafter, the appeal shall be considered abandoned and shall be
dismissed at the cost of the appellant unless sufficient cause is
shown for a further continuance. Upon such dismissal, the final
order of the county commission is affirmed. No appeal which has
been so dismissed by the circuit court may be reinstated after the
expiration of the next regular term following such dismissal.
§58-3-2. When procedure to be controlled by provisions of this
In any case where there may be an appeal under the preceding
section and the manner of appeal is not otherwise specially
provided by law, the procedure shall be controlled by the
provisions in the following sections of this article; and in any
case where the manner of appeal is otherwise specially provided,
the provisions in the following sections of this article shall
apply and control the procedure to the extent that they are
applicable and not inconsistent with special provisions.
§58-3-3. Bills or certification of exceptions for appeal; refusal
of commissioner to sign bill or certificate; party
availing of error without formal bill.
At the trial or hearing of any matter by the county court as
to which an appeal will lie under section one of this article, a
party may except to any opinion of the court and tender a bill of
exceptions to such opinion, which, if the truth of the case be
fairly stated therein, shall be signed by the commissioners holding
the court, or a majority of them, and the same shall be a part of
the record of the case. Or, in lieu of such bill of exceptions,
such exception may with like effect be shown by certificate in the
manner provided in sections thirty-six and thirty-seven, article
six, chapter fifty-six of this code, signed by such commissioners,
or a majority of them. If any commissioner refuse to sign such bill
of exceptions or such certificate in a case in which he
participated in the decision complained of, he may be compelled to
do so by the circuit court of the county by mandamus. A party to
any such proceeding, as to which an appeal will lie as aforesaid
may avail himself of any error appearing on the record by which he
is prejudiced without obtaining a formal bill of exceptions,
provided he objects or excepts on the record to the action of the
court complained of, and provided it is such a matter as can be
considered without a formal bill of exceptions.
§58-3-4. Presentation of petition for appeal; when petition must
be presented; original record to accompany petition.
In any case in which an appeal lies under section one of this
article on behalf of a party to a controversy in a county court,
such party may present to the circuit court of the county in which
the judgment, order or proceeding complained of was rendered, made
or had, or in the vacation of such court, to the judge of such
court, the petition of such party for an appeal. Such petition
shall be presented within four months after such judgment, order or
proceeding was rendered, had or made, and shall assign errors. It
shall be accompanied by the original record of the proceeding in
lieu of a transcript thereof. Such original record shall be
understood as including all papers filed in the proceeding,
certified copies of all orders entered in the proceeding, copies of
which are not in the files, and all matters included in bills of
exceptions, or certificates in lieu thereof, as provided in section
three of this article. The record may likewise include and the
court may consider an agreed statement of facts, and, in case the
testimony in the proceeding below was not stenographically reported
and preserved, a certificate of facts made by such commissioners,
or a majority of them.
§58-3-5. Procedure when appeal allowed.
If the appeal be allowed, it shall be docketed and the order
of allowance shall specify what bond, if any, is required before
such appeal shall take effect, and the petition and record
mentioned in the preceding section shall be filed with the clerk of
the circuit court. A copy of the order of allowance shall be
served upon the opposite party, and upon proper return of such
service and the execution of the required bond, the appeal shall be
proceeded with in the circuit court. The petition shall be heard
and determined and the appeal shall be decided upon the original
record of the proceeding as defined in the preceding section.
§58-3-6. Application to supreme court of appeals when appeal
refused by circuit court; action by supreme court of
If the appeal be refused by the circuit court, the refusal
shall be indorsed on the petition, which, together with the
original record mentioned in section four of this article, may then
be presented to the supreme court of appeals, or a judge thereof in
vacation. If the matter be one in which an appeal would lie to
that court from a judgment of the circuit court affirming the
action of the county court, the supreme court of appeals, or judge
thereof, may in such case allow or refuse the appeal, and, in case
of allowance, the allowance shall be certified to the circuit court
and the like proceedings shall be had in the circuit court as if
the allowance were by the circuit court or judge.
§58-3-7. Procedure upon circuit court's decision.
After the decision of the appeal by the circuit court, the
cause or matter shall be remanded to the county court, or be
retained in the circuit court and there proceeded with as the
circuit court may determine and order.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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