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