Boggs v. Settle

Calhoun, Judge:

This case is before the Court on appeal from an order entered on January 8, 1964, by the Circuit Court of Ka-nawha County, sitting as an intermediate appellate court, by which order the circuit court refused to grant an appeal from a final judgment of the Court of Common Pleas of Kanawha County embodied in an order entered on August 27, 1963.

The appeal was refused by the circuit court on the ground that the judgment appealed from was plainly right. In so doing, the circuit court held that the court of common pleas correctly and properly held that it had no jurisdiction to…