Cummings v. Fisher

Hatcher, Judge,

concurring in the result, but dissenting to one of the reasons given for the result:

I concur in the result but dissent to so much of the opinion as makes the payment of $5.00 .to the justice a requisite to the appeal. That ruling is based on Van Faussen v. Kanawha Auto Loan Co., 114 W. Va. 552, 172 S. E. 716, which holds that in order for a losing litigant in a justice case to perfect an appeal, he must “deposit with the justice the sum of five dollars for fees on appeal,” in addition to giving the statutory bond. In other words, that decision makes the deposit of the…