§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.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1979–2023 · leading case:
Haines v. Kimble, 654 S.E.2d 588 (W. Va. 2007).
Haines v. Kimble, 654 S.E.2d 588 (W. Va. 2007).
· cites it 22× “Code § 58-3-1] an appeal; but this is obviously a mere blunder, as will fully appear from section 14 of chapter 152 of Acts of 1882 [presently, W. Va.Code §§ 58-3-4 and 5], where the mode of conducting these appeals is minutely prescribed; and it is obvious, that the circuit…”
Tax Assessment Against Purple Turtle, LLC. v. Gooden, 679 S.E.2d 587 (W. Va. 2009).
· cites it 4× “The Rawl Sales opinion clarified that the determination of whether the aggrieved party has properly perfected the appeal must be premised upon West Virginia Code § 58-3-4 (1923) (Repl. Vol. 2005), read in pari materia with West Virginia Code § 11-3-25.”
Lipscomb v. Tucker Cnty. Comm'n, 475 S.E.2d 84 (W. Va. 1996).
· cites it 3× “Accordingly, the ruling of the court below, dismissing appellant’s petition challenging the order of the County Commission denying her grievance, is reversed, and the cause is remanded with directions that the court grant a writ of certiorari, directed to the County Commission,…”
State Ex Rel. Gibson v. Pizzino, 266 S.E.2d 122 (W. Va. 1980).
· cites it 2× “Here, the time period for filing for writ of certiorari in the Circuit Court can by analogy be equated with the time period for filing an appeal in the circuit court from either a county court under W.Va.Code, 58-3-4, or from a court of record of limited jurisdiction under W.”
Thomas v. Staats, 633 F. Supp. 797 (S.D.W. Va 1985).
“Code, § 58-3-4, or a court of limited jurisdiction.”
Hose ex rel. K.M.H. v. Est. of Hose, 736 S.E.2d 61 (W. Va. 2012).
· cites it 2× “See W. Va.Code § 58-3-4 (1923) (Repl.Vol. 2012) (petition for appeal to circuit court from county commission final decision must be presented within four months after such decision).”
State ex rel. Gibson v. Pizzino, 266 S.E.2d 122 (W. Va. 1979).
“Here, the time period for filing for writ of certiorari in the Circuit Court can by analogy be equated with the time period for filing an appeal in the circuit court from either a county court under W. Va. Code, 58-3-4, or from a court of record of limited jurisdiction under W.”
Morgantown Mall Assocs. v. City of Westover (W. Va. 2017).
· cites it 2× “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…”
Richard B. Timmis v. Charles P. Andrew (2023).
· cites it 2× “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). As an initial matter, we note that…”
City of Winfield v. Putnam Cnty. Comm'n (W. Va. 2022).
“3 West Virginia Code § 58-3-4, provides, in pertinent part, that the record for appeals from rulings by commissions, such as respondent, may include a certificate of facts, made by commissioners, or a majority of them, when the proceeding before the commission “was not…”
James Junior Dancy v. Harold E. Stump, Adm'r (W. Va. 2013).
“In footnote one, the circuit court found that petitioner failed to deliver the will to the county commission 1 Petitioner argues that West Virginia Code § 58-3-1(d) and § 58-3-4 should control the statute of limitations in this case because the statute states petitions “shall”…”
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