§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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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