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 5,051–5,100 of 6,321 sections
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50-9-25 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Civil Arrest of Defendant; Grounds; Affidavit An order for the arrest of a defendant in a civil action may be made by the justice before whom the action is brought, when there is filed in his office an affi… Proofed
50-9-26 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Bond; Discharge of Defendant The order of arrest shall not be issued until the plaintiff, or some responsible person for him, shall execute and file with the justice a bond with good securi… Proofed
50-9-27 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Time and Place of Arrest; Order The order of arrest may accompany the summons or be made at any time afterwards before judgment. It may be directed like a summons, but shall not be executed ou… Proofed
50-9-28 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Duties of Officer Making Arrest The officer receiving such order shall, as soon as possible thereafter, arrest the defendant, and, unless the plaintiff’s claim and the costs are paid, or the d… Proofed
50-9-29 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Trial of Civil Action Involving Arrest; Continuance Upon the return of the summons and such order executed, the trial shall proceed, if such return be made on the return day of the summons, or on any day to which… Proofed
50-9-30 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Grounds for Imprisonment When judgment is rendered against a defendant, who is in custody under an order of arrest issued pursuant to section twenty-five of this article, the justice, i… Proofed
50-9-31 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Affidavit and Order for Arrest and Imprisonment After Judgment If, at any time after a judgment rendered by a justice, there is filed with such justice, or his successor, the affidavit or affidavits of one or more credible … Proofed
50-9-32 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Making of Such Arrest; Accompanying Execution An execution may be issued with the order mentioned in the last section, or the order may be issued while an execution is outstanding; and if sufficient propert… Proofed
50-9-33 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Bond for Arrest and Imprisonment But the order mentioned in section thirty-one of this article shall not be issued until a bond, signed by one or more sufficient parties, to be approved by the … Proofed
50-9-34 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Order for Arrest as Authority to Jailer A copy of the order, either in the case mentioned in section thirty or thirty-one of this article, signed by the justice, or the officer having the prisoner in … Proofed
50-9-35 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Period of Imprisonment The prisoner committed as aforesaid, unless sooner discharged, as provided for in section twenty-six of this article or otherwise, shall be kept in jail for ten… Proofed
50-9-36 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Discharge From Custody He shall be discharged by order of the justice at any time, upon his paying to such justice the whole amount due on the judgment, together with the costs of his… Proofed
50-9-37 Ch. 50 — JUSTICES AND CONSTABLES Attachment; Garnishment; Civil Arrest; Imprisonment of Debtor Fees and Expenses of Imprisonment The party at whose instance any person is committed as aforesaid shall he liable to the jailer for the maintenance and support of the prisoner during his confin… Proofed
50-10-1 Ch. 50 — JUSTICES AND CONSTABLES Claims of Third Persons to Property Rights of Claimant; Petition; Bond; Proceedings; Judgment When an officer, by virtue of an execution, writ in detinue, order of sale, or order of attachment, has levied on or attached, or has taken into his possession,… Proofed
50-10-2 Ch. 50 — JUSTICES AND CONSTABLES Claims of Third Persons to Property Proceeding Without Bond Or the claimant in such case, without giving the bond mentioned in the preceding section, may apply to any justice of the county in which the levy was made, or … Proofed
50-10-3 Ch. 50 — JUSTICES AND CONSTABLES Claims of Third Persons to Property Appeal Any party considering himself aggrieved by the decision of the justice, or verdict of a jury, under either of the two preceding sections, may appeal therefrom t… Proofed
50-11-1 Ch. 50 — JUSTICES AND CONSTABLES Unlawful Entry or Detainer Action Must be Commenced Within Three Years; Venue If any forcible or unlawful entry be made upon land, or if, when the entry was lawful, the tenant detain possession of land after his right has expired, without… Proofed
50-11-2 Ch. 50 — JUSTICES AND CONSTABLES Unlawful Entry or Detainer Summons At the instance of the party so turned out of possession, or against whom possession is unlawfully detained as aforesaid, the justice shall issue a summons comm… Proofed
50-11-3 Ch. 50 — JUSTICES AND CONSTABLES Unlawful Entry or Detainer Direction, Service and Return of Summons The summons must be directed, served, and returned as other summonses issued by justices. Proofed
50-11-4 Ch. 50 — JUSTICES AND CONSTABLES Unlawful Entry or Detainer Trial; Jury; Title Not to be Inquired of On the return of the summons served, the justice shall proceed to try the case, unless good cause be shown for a continuance. Either party shall be entitled to … Proofed
50-11-5 Ch. 50 — JUSTICES AND CONSTABLES Unlawful Entry or Detainer Procedure for Raising Question of Title If the defendant desires to raise the question of title, he shall proceed as provided in section sixteen, article four of this chapter. Proofed
50-11-6 Ch. 50 — JUSTICES AND CONSTABLES Unlawful Entry or Detainer Judgment for Plaintiff; Damages; Costs; Execution If the verdict of the jury, or the finding of the justice when the case is tried without a jury, be that the defendant unlawfully withholds the premises in cont… Proofed
50-11-7 Ch. 50 — JUSTICES AND CONSTABLES Unlawful Entry or Detainer Judgment for Defendant If the verdict of the jury, or the finding of the justice, when the case is tried without a jury, be for the defendant, he shall have judgment and execution for… Proofed
50-11-8 Ch. 50 — JUSTICES AND CONSTABLES Unlawful Entry or Detainer Judgment Shall Not Affect Title A judgment in a proceeding under this article shall not affect the title to the real estate or bar any subsequent action of ejectment brought by either party. Proofed
50-11-9 Ch. 50 — JUSTICES AND CONSTABLES Unlawful Entry or Detainer New Trial; Appeal; Judgment on Appeal; Execution The justice may set aside the verdict of the jury, or his own judgment, and grant a new trial as in other cases; and the laws relating to civil actions and proc… Proofed
50-12-1 Ch. 50 — JUSTICES AND CONSTABLES Contempts and Their Punishment Acts for Which Justice May Punish A justice may punish for contempt a person guilty of any of the following acts, and in no other case: (a) Contemptuous or insolent behavior towards such justi… Proofed
50-12-2 Ch. 50 — JUSTICES AND CONSTABLES Contempts and Their Punishment Procedure in Contempt Cases An order of arrest may be issued by the justice, on which the person so guilty may be taken and brought before him, or such person may be taken in custody by an… Proofed
50-12-3 Ch. 50 — JUSTICES AND CONSTABLES Contempts and Their Punishment Judgment and Commitment The conviction, specifying the particular circumstances of the offense and judgment thereon, shall be entered by the justice in his docket. A warrant of commitm… Proofed
50-13-1 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Dismissal of Action Without Prejudice Saving the right of a defendant who has filed a counterclaim to proceed to trial, though the plaintiff fail to appear, or dismiss his action, judgment may be re… Proofed
50-13-2 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Setting Aside Dismissal The judgment against the plaintiff for failure to appear may be set aside by the justice for good cause shown, within fourteen days after it is rendered, on suc… Proofed
50-13-3 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Plaintiff Must Prove Case to Recove Judgment When a defendant does not appear, the plaintiff cannot recover without proving his case. The justice, if the process has been served on the defendant, shall in … Proofed
50-13-4 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Setting Aside Default Judgment When the defendant does not appear, and judgment is rendered against him in his absence, the justice may set aside the judgment within fourteen days thereafter,… Proofed
50-13-5 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Offer to Confess Judgment The defendant may, either before suit is brought, or at any time afterwards before trial, make an offer in writing to confess judgment in favor of the plaintiff… Proofed
50-13-6 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Entry of Judgment; Amount; Interest When the plaintiff dismisses his action (except in the case mentioned in section four, article five of this chapter), or judgment is confessed, or the defendant… Proofed
50-13-7 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Setting Aside Judgment In any case tried without a jury, the justice who rendered the judgment may, subject to the restriction as to more than one new trial contained in section twent… Proofed
50-13-8 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Revival of Judgment A judgment may be revived in favor of or against the personal representative of a deceased party within three years after it is rendered, or (unless the three y… Proofed
50-13-9 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Entry of Judgment on Lien Docket Judgments of justices may be docketed in the judgment lien docket kept in the office of the clerk of the county court in like manner and with like effect, in al… Proofed
50-13-10 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Filing Transcript in Circuit Clerk’s Office; Issuance of Execution Thereon The person in whose favor a judgment is rendered by a justice, or who is entitled to receive the money due thereon, or any part of it, may file, in the clerk’s … Proofed
50-13-11 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Judgment of Justice Shall Not Bar Title to Real Estate No judgment of a justice in an action for trespass on real estate or damages to the same, or in an action of unlawful entry or detainer, shall bar the title of … Proofed
50-13-12 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Release of Amount in Excess of Jurisdiction When a balance is found in favor of a party, either by the verdict of a jury or award of arbitrators, or upon a hearing before the justice, exceeding the sum fo… Proofed
50-13-13 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments When Suggestion Order Issued On a suggestion by a judgment creditor, verified by affidavit, to the justice who rendered the judgment, or his successor, that any person, whether in the same … Proofed
50-13-14 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Service and Return of Order; Liability of Person Suggested; Bond of Judgment Creditor The order shall be signed by the justice and served and returned like a summons, but the exact time of the service shall be stated in the return: Provided, That… Proofed
50-13-15 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Appearance and Answer of Person Served With Suggestion If any person against whom such order is issued appear and answer, such person shall be examined under oath touching the money and property for which the person… Proofed
50-13-16 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Discharge of Liability of Person Suggested by Negotiation of Instrument If the debt or liability of the person suggested to the judgment debtor for the money or property owed or held by such person be evidenced by a negotiable instr… Proofed
50-13-17 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Discharge of Person Suggested by Payment of Money or Delivery of Property A person suggested may, at any time before the return day of the order mentioned in section thirteen of this article, deliver the property or pay the money for … Proofed
50-13-18 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Procedure Where Person Suggested Fails to Answer Fully or Pay Debt or Deliver Property If it be asserted by the judgment creditor that the person so suggested has not fully disclosed the debts or liabilities due by him to, or personal property in … Proofed
50-13-19 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Order for Payment by Person Suggested If it appear by the admission or examination of the person against whom the proceedings on the suggestion are pending, or by other evidence, that, at the time t… Proofed
50-13-20 Ch. 50 — JUSTICES AND CONSTABLES Judgments; Suggestions on Judgments Enforcement of Such Order; Rehearing Any order, made by the justice pursuant to the preceding section, directing the payment of money by the person against whom the proceedings on the suggestion we… Proofed
50-14-1 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents When Stay May be Obtained; Bond The party against whom a judgment is rendered by a justice may, within twenty days thereafter, obtain a stay of execution thereon, by filing with the justice a … Proofed
50-14-2 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents When Stay of Execution Not Allowed No stay of execution shall be allowed in the following cases: (a) On any judgment upon a bond filed to obtain such stay; (b) On the judgment rendered on any… Proofed
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