West Virginia Code § 53-3-3

Contents of record; removal of record to circuit court; review
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In every case, matter or proceeding before a county court, council, justice or inferior
tribunal, in which a writ of certiorari would lie according to the provisions of the preceding
section, the majority of the commissioners composing a court, or the justice or the officer or
officers presiding over such council or other inferior tribunal, shall, upon request of either
party in a civil case, matter or proceeding, or the defendant in a criminal caese, matter or
proceeding, certify the evidence, if any, which may have been heard, and sign bills of
exceptions, or certificates as provided in section thirty-six, article six, crhapter fifty-six of this
code, setting forth any rulings or orders which may not otherwise appear of record. Such
certificate of evidence and bills of exceptions or certificates shall be part of the record and
as such be removed and returned to the circuit court. The clerk upon receiving such record
shall file the same and docket the case, in the same manner tthat other cases are docketed.
Upon the hearing, such circuit court shall, in addition to determining such questions as
might have been determined upon a certiorari as the law heretofore was, review such
judgment, order or proceeding, of the county court, council, justice or other inferior tribunal
upon the merits, determine all questions arising on the law and evidence, and render such
judgment or make such order upon the whole matter as law and justice may require. But all
such cases removed as aforesaid from before a justice to the circuit court, wherein the
amount in controversy is more than $15, and in which the judgment of the justice is set
aside, shall be retained in such court and disposed of as if originally brought therein.

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