West Virginia Constitution

Article VIII, § 4 — Writ of error, supersedeas and appeal; scope and form of decisions

West Virginia Const. art. VIII, § 4

This text of West Virginia Const. art. VIII, § 4 (Writ of error, supersedeas and appeal; scope and form of decisions) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

JurisdictionWest VirginiaDocumentConstitution
ArticleVIII
Section§ 4
CitationWest Virginia Const. art. VIII, § 4
Bluebook
W. Va. Const. art. VIII, § 4.

Full Text

A writ of error, supersedeas or appeal shall be allowed by the supreme court of appeals, or a justice thereof, only upon a petition assigning error in the judgment or proceedings of a court and then only after the court, or a justice thereof, shall have examined and considered the record and is satisfied that there probably is error in the record, or that it presents a point proper for the consideration of the court. No decision rendered by the court shall be considered as binding authority upon any court, except in the particular case decided, unless a majority of the justices of the court concur in such decision. When a judgment or order of another court is reversed, modified or affirmed by the court, every point fairly arising upon the record shall be considered and decided; the reasons therefor shall be concisely stated in writing and preserved with the record; and it shall be the duty of the court to prepare a syllabus of the points adjudicated in each case in which an opinion is written and in which a majority of the justices thereof concurred, which shall be prefixed to the published report of the case.

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Bluebook (online)
West Virginia Const. art. VIII, § 4, Counsel Stack Legal Research, https://law.counselstack.com/constitution/wv/VIII/4.