West Virginia Code

W. Va. Code § 58-3-3 (2026)

Bills or certification of exceptions for appeal; refusal of commissioner to sign bill or certificate; party availing of error without formal bill

✓ current as of May 2026

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ARTICLE 3. APPEALS FROM COUNTY COMMISSIONS.

§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.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2009–2023 · leading case: In Re Tax Assessment of Foster Found.'s Woodlands Ret. Cmty., 672 S.E.2d 150 (W. Va. 2009).

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In Re Tax Assessment of Foster Found.'s Woodlands Ret. Cmty., 672 S.E.2d 150 (W. Va. 2009). · cites it 4× “Thereafter, on April 9, 2007, the Foundation, in compliance with W. Va.Code § 58-3-3 (1923) (Repl.Vol.2005), filed a "Bill of Exceptions" to the Board of Review's decision.”

Tax Assessment Against Purple Turtle, LLC. v. Gooden, 679 S.E.2d 587 (W. Va. 2009). · cites it 2× “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…”

Morgantown Mall Assocs. v. City of Westover (W. Va. 2017). · cites it 4× “Specifically, the circuit court found petitioners failed to timely file a bill of particulars as required by West Virginia Code § 58-3-3, and failed to timely submit an original record of the proceedings as required by West Virginia Code § 58-3-4.”

Richard B. Timmis v. Charles P. Andrew (2023). “Andrew did not obtain a bill of exceptions or a certificate as required by West Virginia Code § 58-3-3 (1881), and because his petition for appeal was not accompanied by the original record as required by West Virginia Code § 58-3-4 (1882).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.