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 5,101–5,150 of 6,321 sections
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50-14-3 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Period of Stay of Execution When the judgment, exclusive of interest and costs, does not exceed fifty dollars, such stay shall be for two months; and if over fifty dollars and not over one… Proofed
50-14-4 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Judgment on Stay Bond if Payment Not Made When Stay Expires If the judgment, with interest and costs, be not paid when the stay expires, the justice shall, without process or further proceeding, enter judgment on the bon… Proofed
50-14-5 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Form of Judgment on Bond The judgment entered by the justice under the provisions of the preceding section shall be in the following form or to the following effect: {{FIGURE type=form… Proofed
50-14-6 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Payment by and Remedies of Surety on Stay Bond If any surety who signed the bond given to obtain a stay of execution pay the judgment before or after the stay expires, the judgment against the principal shal… Proofed
50-14-7 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Additional Security for Stay of Execution If, at any time before the stay expires, the judgment creditor, by the affidavit of himself or one or more credible persons, satisfies the justice that the secu… Proofed
50-14-8 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Surety May Have Execution Issued If a surety for stay of execution, by the affidavit of himself or one or more credible persons, satisfies the justice that, by delaying the execution until the … Proofed
50-14-9 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Period for Issuance and by Whom Issued Subject to the provisions of law in relation to causes in which stay of execution is granted or the cause is removed on appeal to the circuit court, executions … Proofed
50-14-10 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Time for Issuance If a stay of execution be not granted within twenty days after the judgment is rendered, or the cause be not removed on appeal to the circuit court within that … Proofed
50-14-11 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Requisites of Execution; Effect of Errors or Omissions; Amendment The execution must be filled up before it is delivered to be executed; otherwise it shall be void. It must describe the judgment, on which it is issued, by stat… Proofed
50-14-12 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Direction and Execution of Execution or Order of Sale The execution or order of sale may be directed and executed as provided in section three, article three of this chapter. When, for any cause, it is unfit for an… Proofed
50-14-13 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Successive Executions If an execution be returned unsatisfied, or no return be made thereof, new executions may successively be issued after the return day of the former, to be indor… Proofed
50-14-14 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Execution Against Surety; Property of Principal Debtor First Liable When a joint judgment is rendered against a principal debtor and his surety, if such suretyship appear to the satisfaction of the justice by any evidence at the… Proofed
50-14-15 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Indorsement on Execution of Time of Delivery; Liability for Failure; Lien The officer, to whom an execution issued by a justice is delivered to be executed, shall indorse thereon the year, month, day and hour when it came to his hands… Proofed
50-14-16 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Purchaser for Value Takes Free of Lien The lien of an execution shall not be good as against a purchaser of the property subject to the lien, for a valuable consideration and without notice of such l… Proofed
50-14-17 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Levy on Money or Bank Notes; How Accounted for The execution may be levied as well on money and bank notes as on other goods and chattels. If the levy be on gold or silver coin, or other currency which is le… Proofed
50-14-18 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Indorsement After Levy; Notice of Sale The officer, after taking into his custody the personal property levied on by virtue of the execution, shall indorse on the execution the time of the levy, and … Proofed
50-14-19 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Sales Under an Execution or Order of Sale Every sale under an execution or order of sale, by virtue of this chapter, except as hereinafter provided, shall be at public auction in the district in which t… Proofed
50-14-20 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Form of Judgment on Notes The judgment entered by the justice under the provisions of the preceding section shall be in the following form or to the following effect: {{FIGURE type=form… Proofed
50-14-21 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Resale Under Execution on Noncompliance With Bid If at any such sale a purchaser do not comply with the terms thereof, the officer may resell the property, either forth with or upon such notice as he deems pro… Proofed
50-14-22 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Expenses of Execution Sale The officer shall be allowed by the justice the reasonable expenses of executing the process and keeping the property, out of the proceeds of sale, or the same … Proofed
50-14-23 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Return of Execution; Payment of Proceeds; List of Property Unsold; Fine and Liability for Failure The officer, to whom an execution or order of sale is delivered to be executed, shall make true return thereon at the proper time and place, stating in such ret… Proofed
50-14-24 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Failure to Pay Over Money Received Under Execution If any officer make such return upon an execution or order of sale issued by a justice as entitles any person to recover money from such officer, and fail to pa… Proofed
50-14-25 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Record Evidence of Such Default A copy from the entry in the justice’s docket, of the date of any execution or order of sale issued by him, and to whom delivered, shall be evidence in any proc… Proofed
50-14-26 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Collection After Return Day of Execution; Moneys Received on Other Claims; Receipt as Evidence If an officer, after the return day, collect money mentioned in an execution or order of sale issued by a justice, he and his sureties shall be liable for the m… Proofed
50-14-27 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Unsatisfied Execution; Sale of Property in Hands of Officer When an execution or order of sale is returned unsatisfied in whole or in part, and there is property in the hands of the officer remaining unsold for the want … Proofed
50-14-28 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Security for Delivery of Property Retained Any officer having levied on property of which he permits the party against whom the execution or order of sale issued, or any other person, to retain or have p… Proofed
50-14-29 Ch. 50 — JUSTICES AND CONSTABLES Stay of Execution; Execution and Its Incidents Motion to Quash Execution A motion to quash an execution may, after three days’ notice to the adverse party, be heard and decided by the justice who issued the execution; and such justic… Proofed
50-15-1 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases When Appeals Allowed In all civil cases an appeal shall lie, under the regulations herein prescribed, from the judgment of a justice to the circuit court of the county, or to any in… Proofed
50-15-2 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Appeal Bond The appeal shall not be granted by the justice unless, within ten days after the judgment is rendered or revived or an order is entered refusing to set aside a … Proofed
50-15-3 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases When Appeal Bond Not Required But if the appeal be applied for on behalf of a district, town, village, county court of a county, or board of education, in their corporate capacity, or by a f… Proofed
50-15-4 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Stay of Proceedings; Discharge From Custody After the appeal is granted, if the bond first mentioned in section two of this article has been given, or if the appeal be allowed under section three of this … Proofed
50-15-5 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Transcript of Proceedings; Delivery of Papers to Clerk The justice shall, within twenty days from the day on which the appeal is perfected, make out and certify a complete transcript from his docket of all the proce… Proofed
50-15-6 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Appeals Granted by Circuit or Other Appellate Court After Ten Days; Bond Appeals from the judgments of justices may be granted after the expiration of ten days and within ninety days after date of judgment, by the circuit court or an… Proofed
50-15-7 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Stay on Such Appeal; Procedure In such case, if the appeal be granted, and the bond given by the appellant be with condition that he will perform and satisfy any judgment which may be rendere… Proofed
50-15-8 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Appeal by One of Several Parties When there are two or more plaintiffs or defendants, any one or more of them may appeal, without joining therein the others on the same side. Proofed
50-15-9 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Proceedings on Appeal; Pleadings; Jury; Evidence The clerk of the court to which the appeal is taken, on receiving such transcript and papers, shall file the same and docket the appeal. The appeal may be tried… Proofed
50-15-10 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Effect of Failure to Prosecute Appeal After it is Docketed If, after the appeal is regularly placed upon the docket, neither party brings the case to a hearing before the end of the second term thereafter at which it is… Proofed
50-15-11 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases What Judgment Against Appellant to Include When the judgment appealed from is against the appellant for any sum of money, and an equal or greater sum is found due by the appellant, judgment shall be rend… Proofed
50-15-12 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Procedure Where Bond or Security In sufficient; When Appeal Not Dismissed; Trial If the court, in any case, be of opinion that the bond filed is insufficient, or the security doubtful, it shall order a new bond, in proper form and with good … Proofed
50-15-13 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases Costs on Appeal If, upon the trial in the circuit court, the appellant does not increase the original judgment if it was in his favor, or reduce it if it was against him, more … Proofed
50-15-14 Ch. 50 — JUSTICES AND CONSTABLES Appeals in Civil Cases General Principles Applicable to Civil Appeals In all cases of appeal from a justice to a circuit court or to any inferior court of the county having appellate jurisdiction in civil cases, the court (subject… Proofed
50-16-1 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Docket Must be Kept by Justice Every justice shall keep a book denominated a “docket,” to be furnished at the expense of the county, and used exclusively for entering therein his judicial pro… Proofed
50-16-2 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Order of Docketing Cases; Files of Papers He shall number the cases progressively on his docket, and number the papers of each case to correspond. He shall keep all the papers of each case together in o… Proofed
50-16-3 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Entries on Docket at Institution of Suit He shall enter in his docket the title of every action commenced before him, setting forth the names of the parties, if known, and showing , which are plaintiff… Proofed
50-16-4 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Other Docket Entries Underneath the title of the action he shall enter, at the times they occur, the following particulars, commencing the proceedings of every day with the proper d… Proofed
50-16-5 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Form of Docket Entries Immaterial So far as the entries in the docket are concerned, the form shall be regarded as immaterial, if the truth be stated so as to be intelligible. Proofed
50-16-6 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Index to Judgments Docketed Every justice shall keep an alphabetical index to all judgments entered in his docket. In such index shall be inserted the names of the parties to each judgment… Proofed
50-16-7 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Delivery of Docket, Papers and Books to Successor Every justice, upon the expiration of his term of office, shall deposit with his successor his official docket, as well as those of his predecessors which may b… Proofed
50-16-8 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Delivery of Dockets, Papers and Books to Other Justice in Case of Vacancy If the office of a justice become vacant by death, removal from the district, or otherwise, the dockets, papers, statutes and books in the possession of such ju… Proofed
50-16-9 Ch. 50 — JUSTICES AND CONSTABLES Docket and Other Papers Deposit of Dockets, Papers and Books When Absent Any justice absenting himself from his district for a longer period than sixty days shall deposit the dockets, papers, statutes and books, which came to his han… Proofed
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