West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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6,321 of 6,321 sections
Showing 5,801–5,850 of 6,321 sections
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58-4-9 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Allowance of Appeal or Writ; Supesedeas The court or judge to whom a petition is duly presented, if of opinion that the decision complained of ought to be reviewed, may allow an appeal, writ of error … Proofed
58-4-10 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Docketing Case If upon a petition as aforesaid the appeal, writ of error or supersedeas to a judgment, order or decree be allowed by the circuit court or judge, the appeal wri… Proofed
58-4-11 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Summons and Supersedeas; Service of Writs or Court Order The clerk of the circuit court shall thereupon issue a summons against the parties interested, other than the petitioners, that they may be heard, and also issu… Proofed
58-4-12 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Indorsements on Writs as to Bond The clerk of the circuit court shall indorse on the summons or supersedeas, or on the certified copy of the court order in lieu thereof, that it is not to be ef… Proofed
58-4-13 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Appeal Bond Except when an appeal, writ of error or supersedeas is proper to protect the estate of a decedent, convict or insane person, the same shall not take effect unti… Proofed
58-4-14 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Time for Presenting Record and Giving Bond No process shall issue upon any appeal, writ of error or supersedeas allowed by the circuit court or judge to or from a judgment, decree or order, if, when the … Proofed
58-4-15 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Time and Manner of Hearing The order of priority of hearing causes pending in circuit courts upon an appeal, writ of error or supersedeas from courts of limited jurisdiction shall be such… Proofed
58-4-16 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Petition to be Heard and Case Decided Upon Original Record For the purpose of hearing and determining the petition and deciding the appeal or writ of error in the circuit court, no transcript of the record shall be made… Proofed
58-4-17 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Judgment of Circuit Court; Appeal or Writ of Error in Supreme Court of Appeals The circuit court, where an appeal, writ of error or supersedeas has been allowed by such court or the judge thereof in vacation, shall, upon the hearing thereo… Proofed
58-4-18 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction Procedure After Decision of the Appeal or Writ of Error When, after reversal, the case is retained in the circuit court for a new trial or hearing on further proceedings, it shall be docketed and proceeded in to fina… Proofed
58-4-19 Ch. 58 — APPEAL AND ERROR Appeals From Courts of Record of Limited Jurisdiction When Law and Rules Governing Appeals to Supreme Court of Appeals to Apply In any instance where this article fails to provide a specific method of procedure on appeals from courts of limited jurisdiction to circuit courts, the law and… Proofed
58-5-1 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals When Appeal or Writ of Error Lies A party to a controversy in any circuit court may obtain from the supreme court of appeals, or a judge thereof in vacation, an appeal from, or a writ of error o… Proofed
58-5-2 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Certification to Supreme Court of Appeals as to Sufficiency of Summons, Return of Service, or Pleading Any question arising upon the sufficiency of a summons or return of service, or challenge of the sufficiency of a pleading, in any case within the appellate jur… Proofed
58-5-3 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Petition Any person who is a party to such controversy, wishing to obtain a writ of error, appeal or supersedeas in the cases named in the first section of this article,… Proofed
58-5-4 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Time for Appeal or Writ of Error No petition shall be presented for an appeal from, or writ of error or supersedeas to, any judgment, decree or order, whether the State be a party thereto or no… Proofed
58-5-5 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Stay of Proceedings; Bond At the instance of any person who desires to present such petition, the court, in which the judgment, decree or order is, may, during the term at which it is re… Proofed
58-5-6 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Filing of Petition; Transmission of Petition and Record; Deposit or Bond; Return of Record; Transcript; Charges Such petition, together with a copy thereof, shall be first filed in the office of the clerk of the circuit court wherein the judgment, decree or order complain… Proofed
58-5-7 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Contents of Transcript of Record Unless the person who has obtained the appeal or writ of error direct otherwise, there shall not be copied in the transcript any of the process, returns or evid… Proofed
58-5-8 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Certiorari for Omitted Portion of Record The appellate court, or the judge there of, may, when a case has before been in such court, inspect the record upon the former appeal, writ of error or supersed… Proofed
58-5-9 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Second Petition In a case wherein the court shall deem the judgment, decree or order complained of plainly right, and reject it on that ground, no other petition therein shall … Proofed
58-5-10 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Allowance of Appeal or Writ; Supersedeas The court or judge to whom a petition is duly presented, if of opinion that the decision complained of ought to be reviewed, may allow an appeal, writ of error … Proofed
58-5-11 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Docketing Case If upon a petition as aforesaid the appeal, writ of error or supersedeas to a judgment, order or decree be allowed, the appeal, writ of error or supersedeas sha… Proofed
58-5-12 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Summons and Supersedeas; Service of Writs The clerk of the appellate court shall thereupon issue a summons against the parties interested, other than the petitioners, that they may be heard, and also is… Proofed
58-5-13 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Indorsements on Writs as to Bond The clerk of the supreme court of appeals shall indorse on the summons or supersedeas that it is not to be effectual until the bond required by the following se… Proofed
58-5-14 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Appeal Bond Except when an appeal, writ of error or supersedeas is proper to protect the estate of a decedent, convict or insane person, the same shall not take effect unti… Proofed
58-5-15 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Bond to Save Harmless Surety Original Bond; New Bond On the motion of any surety in such bond, after reasonable notice, or a rule against his principal, the appellate court may order bond to be given in such time … Proofed
58-5-16 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Time for Presenting Record and Giving Bond No process shall issue upon any appeal, writ of error or supersedeas allowed from or to a final judgment, decree or order, if, when the record is delivered to t… Proofed
58-5-17 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Printing Record by Clerk; Distribution; Deposit; Felony Cases Eighteen copies of the record shall be printed containing the petition, so much of the record as the counsel for any party interested or the court may direct, a… Proofed
58-5-18 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Printing of Record by Party; Costs; Record Not to be Printed out of State If a party who has obtained an appeal, writ of error, or supersedeas, desires to have such record printed himself, he shall notify the clerk of the supreme cour… Proofed
58-5-19 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Control of Time and Manner of Hearing and Submission The supreme court of appeals shall have complete control of the time and manner of the hearing and submission to such court for decision of all causes pending t… Proofed
58-5-20 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals When Decisions Binding Authority No decision rendered by the supreme court of appeals shall be considered as binding authority upon any of the inferior courts of this State, except in the parti… Proofed
58-5-21 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Scope of Decisions; Written Opinion; Syllabus When a judgment or decree is reversed or affirmed by the supreme court of appeals, every point fairly arising upon the record of the case shall be considered an… Proofed
58-5-22 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Disqualification of Judges If at any time there be on the docket of the supreme court of appeals a case in respect to which a majority of the judges of said court are so situated as to ma… Proofed
58-5-23 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Designation of Parties The plaintiff in the court below shall be designated as plaintiff in the appellate court. The case shall be entered on the appeal docket as follows: “A........… Proofed
58-5-24 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Parol Testimony The supreme court of appeals shall not hear parol testimony except in cases in which it has original jurisdiction. Proofed
58-5-25 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Judgment; Motion to Dismiss; Motion to Affirm, Reverse or Dismiss Involving Merits The supreme court of appeals shall affirm the judgment, decree or order, if there be no error therein, and reverse the same in whole or in part, if erroneous, a… Proofed
58-5-26 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Rehearing of Cases The supreme court of appeals may, at the next succeeding regular term, review and rehear any cases decided by said court, so far as to allow the correction of a… Proofed
58-5-27 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Damages on Affirmance When any judgment, decree or order is affirmed in the supreme court of appeals, damages shall be awarded to the appellee. Such damages, when the judgment, decre… Proofed
58-5-28 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Certification of Decision to Lower Court When any term of the supreme court of appeals is ended, or sooner, if the court so direct, the clerk thereof shall certify and by mail or otherwise transmit its… Proofed
58-5-29 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Entry and Enforcement of Judgment in Lower Court The court from which any case may have come to the supreme court of appeals shall enter the decision of the appellate court as its own, and execution thereon ma… Proofed
58-5-30 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Writ of Error to Judgment Quashing Indictment Notwithstanding anything hereinbefore contained in this article, whenever in any criminal case an indictment is held bad or insufficient by the judgment or orde… Proofed
58-5-31 Ch. 58 — APPEAL AND ERROR Appellate Relief in Supreme Court of Appeals Appeals to Supreme Court of United States At the instance of any party to a controversy in the supreme court of appeals who desires to present a petition to the supreme court of the United States for an… Proofed
59-1-1 Ch. 59 — FEES, ALLOWANCES AND COSTS Fees and Allowances Fee for Use of State Seal Except when the seal is used on the papers of a requisition issued by the governor for the return of a fugitive from justice, or when the seal of the State is a… Proofed
59-1-2 Ch. 59 — FEES, ALLOWANCES AND COSTS Fees and Allowances Fees to be Charged by Secretary of State The secretary of state shall charge for services rendered in his office the following fees to be paid by the person to whom the service is rendered at the time … Proofed
59-1-3 Ch. 59 — FEES, ALLOWANCES AND COSTS Fees and Allowances Fees to be Charged by Auditor The auditor shall charge for services rendered in his office the following fees to be paid by the person to whom the service is rendered at the time it is done:… Proofed
59-1-4 Ch. 59 — FEES, ALLOWANCES AND COSTS Fees and Allowances Fees Collected by Secretary of State Auditor and Clerk of Supreme Court of Appeals to be Paid into State Treasury; Accounts; Reports The fees to be charged by the auditor, secretary of state and clerk of the supreme court of appeals, by virtue of this article or any other law, shall be the pr… Proofed
59-1-5 Ch. 59 — FEES, ALLOWANCES AND COSTS Fees and Allowances Violations of Preceding Section Any willful violation of the preceding section by the auditor, secretary of state or clerk of the supreme court of appeals, or any willful failure by either of … Proofed
59-1-6 Ch. 59 — FEES, ALLOWANCES AND COSTS Fees and Allowances Fees to be Charged by Surveyors Surveyors may charge the following fees: {{FIGURE type=table page=1428 id=59-1-6~fig1 note="Fees of surveyors"}} For all surveying actually done (unless by sp… Proofed
59-1-7 Ch. 59 — FEES, ALLOWANCES AND COSTS Fees and Allowances Fees to be Charged by Notaries Public A notary public may charge the following fees: {{FIGURE type=table page=1429 id=59-1-7~fig1 note="Fees of notaries public"}} When there is a protest by him, f… Proofed
59-1-8 Ch. 59 — FEES, ALLOWANCES AND COSTS Fees and Allowances Fees to be Charged by Commissioners of Courts A commissioner, except where it is otherwise specially provided, shall have for any service such compensation as the court of which he is commissioner may from … Proofed
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