Burks v. Three Hills Corp.

Upon a warrant for unlawful detainer seeking possession but not rent, the County Court for Bath County entered judgment on May 15, 1972 for plaintiff Three Hills Corporation (Three Hills) against defendant Walter R. Burks (Burks). Burks, acting pro se, noted an appeal, executed bond fixed by the County Court at $100.00, and deposited $100.00 cash in lieu of bond. On June 14, 1972 after the record was transmitted to the Circuit Court of Bath County, the clerk of that court, by notation on the back of the warrant, allocated the cash as follows: “Writ Tax $5.00; Appeal Bond 70.00 held by clerk;…