West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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6,321 of 6,321 sections
Showing 4,951–5,000 of 6,321 sections
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50-4-8 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Amendment; Effect of Refusal to Amend If the justice deem the exception well founded, he shall order the pleading to be amended, and, if the party refuse to amend, the defective pleading shall be di… Proofed
50-4-9 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Time of Amendment; Continuance in Consequence Thereof The pleadings may be amended at any time before the trial, or during the trial, when by such amendment substantial justice will be promoted. If the amendment be… Proofed
50-4-10 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Variance Between Proof and Allegations A variance between the proof on the trial and the allegations of a pleading shall be disregarded as immaterial, unless the justice shall be satisfied that the a… Proofed
50-4-11 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Account or Other Writing for Payment of Money In an action or defense founded upon an account, note, or other writing for the payment of money, it shall be sufficient for the party to deliver the account, n… Proofed
50-4-12 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Filing Instruments Sued On If the action of the plaintiff, or the credit or counterclaim of the defendant, be founded on any bond, promissory note, bill of exchange, or other instrument o… Proofed
50-4-13 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Bill of Particulars The justice may, at any time before the trial, require either party, at the request of the other, at that or some other specified time, if the action or defense… Proofed
50-4-14 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Ascertainment of Value of Property Where Bond in Penalty Double the Value Required In all cases where a bond is required by this chapter to be taken in double the value of the property in question, the value thereof shall be ascertained as pro… Proofed
50-4-15 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Suit on Bonds Suit on any bond, given pursuant to this chapter, may be brought in the name of any person sustaining loss or damage by reason of the nonperformance of the cond… Proofed
50-4-16 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Answer of Title to Real Property; Effect if no Answer Filed If the defendant in any action brought in a justice’s court claims that the title to real property will come in question therein, he may, either with or without… Proofed
50-4-17 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Affidavit of Claim; Counter Affidavit; Judgment In every civil action before a justice of the peace upon an account for money due on contract, where the plaintiff has filed with the justice, on or before the … Proofed
50-4-18 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Joinder or Splitting of Causes of Action When the plaintiff has several demands against the same defendant founded on open accounts or on any other contract, express or implied, he shall bring his acti… Proofed
50-4-19 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Action by Assignee; Joinder of Causes of Action The assignee of any bond, note, account, or writing, not negotiable, may maintain thereupon any action in his own name, without the addition of “assignee,” whic… Proofed
50-4-20 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Appearance and Conducting Action or Defense Any party to a civil action, and the defendant in a criminal prosecution, before a justice, unless he be under the age of twenty-one years, may appear and condu… Proofed
50-4-21 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Agent or Attorney for Party A party authorized to appear by agent or attorney may employ any person except a justice or constable to act as such agent or attorney. The authority to so act … Proofed
50-4-22 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Effect of Presence of Agent, Attorney, or Guardian for the Suit When an agent, attorney, or guardian for the suit has been appointed, his presence at any proceeding therein shall have the same effect as the presence of the p… Proofed
50-4-23 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Infant Parties; Appointment of Guardian for the Suit Where a party to the action is under the age of twenty-one years, a guardian for the suit must be appointed for him by the justice as follows: (a) If the infant… Proofed
50-4-24 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Time for Appearance and Trial The time for appearance shall be the day and hour mentioned in the summons or order of continuance, and at such time the justice shall proceed in the trial of t… Proofed
50-4-25 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Continuance as Matter of Right On the day the summons is returnable the defendant, upon making oath that he has just defense to the suit, or is justly entitled to a credit or counterclaim not… Proofed
50-4-26 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Continuance by Justice; Discharge of Defendant From Custody On the return day of the summons, if the defendant be not in custody, the justice may, without the consent of either party, continue the cause for not over seve… Proofed
50-4-27 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Continuance for Cause; Grounds When a defendant is not in custody, the justice, on the return day or any subsequent time appointed for the hearing, may continue the cause on application of ei… Proofed
50-4-28 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Period of Continuance Unless both parties consent, no continuance shall be granted to a time beyond three months after the return of the summons served. Proofed
50-4-29 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Costs of Continuance Every continuance on the application of a party shall be at his cost, except as provided in section twenty-five of this article, or where the party has subpoena… Proofed
50-4-30 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Absence of Justice; Trial or Continuance by Another Justice No action shall be discontinued on account of the absence of the justice. If he fail to attend on the return day of the summons, or at the time to which the act… Proofed
50-4-31 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Procedure Where Some Defendants Not Served When the summons is issued against two or more defendants but not served on all of them, and those not served do not appear to answer to the action, the plainti… Proofed
50-4-32 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Trial by Justice At the time appointed for the hearing, if a jury be not demanded by either party, the justice shall hear the proofs and give judgment as the law and evidence sh… Proofed
50-4-33 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Transfer of Proceedings If a party to any civil or criminal proceeding before a justice shall, at any time before evidence is introduced, make and file an affidavit that the justice be… Proofed
50-4-34 Ch. 50 — JUSTICES AND CONSTABLES Pleading and Practice Procedure and Costs on Such Transfer The justice granting the removal provided for in the preceding section shall, on the return day of the summons, or within one day thereafter, deliver or transmi… Proofed
50-5-1 Ch. 50 — JUSTICES AND CONSTABLES Counterclaim Rules Respecting Allowance of Counterclaim If the plaintiff’s demand in the action be founded on judgment or contract, express or implied, the defendant may set forth as a counterclaim a cause of action … Proofed
50-5-2 Ch. 50 — JUSTICES AND CONSTABLES Counterclaim Consequence of Failure to Assert Counterclaim If the defendant in an action founded on judgment or contract, express or implied, has, at the time the action is commenced, any counterclaim consisting of a ca… Proofed
50-5-3 Ch. 50 — JUSTICES AND CONSTABLES Counterclaim The Preceding Section Qualified The preceding section shall not, however, apply to the following cases: (a) When the counterclaim shall exceed the plaintiff’s demand more than three hundred… Proofed
50-5-4 Ch. 50 — JUSTICES AND CONSTABLES Counterclaim Trial of Counterclaim in Plaintiff’s Absence In cases in which defendant has filed a counterclaim, he may proceed to trial though the plaintiff fail to appear, or dismiss his action. Proofed
50-5-5 Ch. 50 — JUSTICES AND CONSTABLES Counterclaim Judgment Where Counterclaim Pleaded If the demand of the defendant proved on the trial be equal to that of the plaintiff, judgment shall be entered for the defendant, with costs. If it be less, th… Proofed
50-5-6 Ch. 50 — JUSTICES AND CONSTABLES Counterclaim Judgment Where Balance Due Defendant Exceeds Jurisdictional Amount; Record If the balance found due the defendant, after deducting the amount to which the plaintiff is found to be entitled, exceeds the amount to which the jurisdiction … Proofed
50-6-1 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Subpoenas for Witnesses A justice may issue subpoenas for witnesses, residing or found in the county, to appear before him or any other justice; and he may compel their attendance in a… Proofed
50-6-2 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Service of Subpoenas A subpoena may be served by an officer, a party to the suit, or any other person. When not served by an officer, the affidavit of the person who served it shall… Proofed
50-6-3 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Production of Writing or Document When it appears by affidavit or otherwise that a writing or document in the possession of any person within the county, whether such person is a party to the ma… Proofed
50-6-4 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Amount of Fees and Mileage A person attending as a witness under a subpoena or other lawful process shall be allowed fifty cents for each day’s attendance, and five cents for each mile ne… Proofed
50-6-5 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Prepayment of Fees and Mileage in a Civil Suit; When Not Required A witness in a civil suit is entitled, at the time the subpoena is served, to demand payment of his legal fees for traveling to and from the place of trial, and… Proofed
50-6-6 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Fees Where More Than Two Witnesses Called Any party calling more than two witnesses to any fact which is not contradicted by another witness shall pay the costs of such additional witnesses, unless othe… Proofed
50-6-7 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Time for Claiming Fees No claim for attendance shall be allowed a witness unless made before judgment is entered. Proofed
50-6-8 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Failure of Witness to Attend or Testify Whenever it shall appear to the satisfaction of a justice that any person has been duly served with a subpoena, or other lawful process, to give evidence before… Proofed
50-6-9 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Damages for Failure to Testify Every person summoned as aforesaid, and failing or refusing to appear and testify, without sufficient cause, and every person present at the trial and refusing … Proofed
50-6-10 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Persons Incompetent to Testify The following persons are incompetent to testify, as hereinafter provided, and not otherwise: (a) Persons of unsound mind, and children who appear incapable o… Proofed
50-6-11 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Objection to Competency of Witnesses If a witness offered at a trial be objected to as incompetent, the objection shall be tried and determined by the justice. The proposed witness may be examined … Proofed
50-6-12 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Proof of Execution, Assignment or Indorsement of Written Instrument The execution of any written instrument, or of any assignment or indorsement thereof, produced at the trial, need not be proved, unless the adverse party, his a… Proofed
50-6-13 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Docket Entries as Evidence Whenever it is necessary to prove a judgment or other proceeding had before a justice, or any process issued by him, or the return thereof, or any order made by… Proofed
50-6-14 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Depositions of Witnesses Nonresident or Unable to Attend In civil cases depositions of witnesses residing out of the county, or sick, or otherwise unable to attend, or about to leave the county, may be taken by either… Proofed
50-6-15 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Return of Depositions and Their Use as Evidence Such depositions shall be sent under seal to the justice before whom the case is to be tried, the officer taking the same writing his name across the place wher… Proofed
50-6-16 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Notice of Taking Depositions No deposition of any person shall be given in evidence on the trial on behalf of either party, if the other object, unless the party against whom it is offered … Proofed
50-6-17 Ch. 50 — JUSTICES AND CONSTABLES Witnesses and Evidence Oath of Witness; Affirmation; Rules of Evidence Every witness, before giving his testimony, shall be sworn that the evidence he will give relating to the matter in difference between the plaintiff and defenda… Proofed
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