Sansom v. Sansom

Berry, Judge:

This is an appeal from a final judgment of the Circuit Court of Wayne County, West Virginia, of November 21, 1962. The appeal and supersedeas was granted by this Court on March 25, 1963, and the case was submitted to the Court' for decision on briefs at the April Special 1964 Term.

The procedure used in connection with this case in the lower court is quite confusing. The action was started by a notice of motion for judgment some time in June, 1959, based on an implied contract for a sum certain under the old procedure. The record indicates that a notice of motion for judgment was…