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 5,351–5,400 of 6,321 sections
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53-4-3 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Bond of Petitioner The court or judge granting the writ may previously require bond with security in a reasonable penalty, payable the person to whom the writ is directed, with co… Proofed
53-4-4 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Service of Writ The writ shall be served on the person to whom it is directed, or, in his absence from the place where the petitioner is confined, on the person having the imme… Proofed
53-4-5 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Penalty for Disobeying Writ If any person on whom such writ is served shall, in disobedience to such writ, fail to bring the body of the petitioner, with a return of the cause of his deten… Proofed
53-4-6 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Affidavits as Evidence At the direction of the court or judge, the affidavits of witnesses taken by either party, on reasonable notice to the other, may be read as evidence. Proofed
53-4-7 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Hearing and Judgment; Discharge; Remand; Bail; Costs The court or judge before whom the petitioner is brought, after hearing the matter both upon the return and any other evidence, shall either discharge or remand… Proofed
53-4-8 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Facts Proved May be Made Part of Record All the material facts proved shall, when it is required by either party, be made a part of the proceedings, which, when they are had in vacation, shall be sign… Proofed
53-4-9 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Powers of Judge in Vacation The judge issuing any such writ in vacation, or the judge before whom it is tried, shall have the same power to enforce obedience to the writ, to compel the att… Proofed
53-4-10 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Effect of Judgment Any such judgment entered of record shall be conclusive, unless the same be reversed, except that the petitioner shall not be precluded from bringing the same m… Proofed
53-4-11 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Review During Recess of Supreme Court If, during the recess of the supreme court of appeals, the governor or the president of the said court should think the immediate revision of any such judgment … Proofed
53-4-12 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Disposition of Prisoner and Proceedings Pending Writ of Error When the prisoner is remanded, the execution of the judgment shall not be suspended by the writ of error, or suspended for the purpose of applying for one; but … Proofed
53-4-13 Ch. 53 — EXTRAORDINARY REMEDIES Habeas Corpus Writs of Habeas Corpus Ad Testificandum Writs of habeas corpus ad testificandum may be granted by any circuit court, or any court of record of limited jurisdiction other than a county court, or any ju… Proofed
53-5-1 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Injunction for Protection of Property An injunction may be awarded to enjoin the sale of property set apart as exempt in the ease of a husband or parent, under articles eight and nine, chapter thirt… Proofed
53-5-2 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Forthcoming Bond When Removal of Property From State Enjoined A court or judge awarding an injunction to restrain the removal of property out of the State may require bond to be given before such officer and in such penalt… Proofed
53-5-3 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Jurisdiction to Award Injunction Jurisdiction of a bill for an injunction to any judgment, act or proceeding shall, unless it be otherwise specially provided, be in the circuit court of the cou… Proofed
53-5-4 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions General Jurisdiction of Judge to Grant Injunction Every judge of a circuit court shall have general jurisdiction in awarding injunctions, whether the judgment or proceeding enjoined be in or out of his circuit,… Proofed
53-5-5 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Injunction by Supreme Court or Judge Thereof in Vacation When a circuit court, or a judge thereof, shall refuse to award an injunction, a copy of the orders entered in the proceedings in court, and the original papers… Proofed
53-5-6 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Injunction by Circuit Court or Judge When Court of Limited Jurisdiction Refuses to Grant it When a court of limited jurisdiction authorized to grant injunctions, or a judge thereof, shall refuse to award an injunction, a copy of the orders entered in t… Proofed
53-5-7 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions How Injunction Order to be Certified Every order awarding an injunction by a court or judge other than the court or judge in which or before whom it is to be heard shall be directed to the clerk of… Proofed
53-5-8 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Notice and Showing on Application for Injunction No injunction shall be awarded in vacation nor in court, in a case not ready for hearing, unless the court or judge be satisfied by affidavit or otherwise of th… Proofed
53-5-9 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Injunction Bond An injunction (except in the case of any personal representative, or other person from whom, in the opinion of the court or judge awarding the same, it may be i… Proofed
53-5-10 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Additional Security Any surety in such forthcoming bond, or his personal representative, may move for and obtain an order for other or additional security, in like manner as a defe… Proofed
53-5-11 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Dissolution of Injunction in Vacation The judge of any court in which a case is pending wherein an injunction is awarded may, in vacation, dissolve such injunction, after reasonable notice to the ad… Proofed
53-5-12 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Nature of Decree on Dissolution of Injunction Staying Judgment or Decree for Money; Liability of Sureties on Forthcoming Bond When an injunction to stay proceedings on a judgment or decree for money is dissolved, wholly or in part, there shall be decreed to the party having such judgme… Proofed
53-5-13 Ch. 53 — EXTRAORDINARY REMEDIES Injunctions Dismissal of Bill for Injunction Where an injunction is wholly dissolved, the bill shall be dismissed with costs, unless sufficient cause be shown against such dismission. Proofed
53-6-1 Ch. 53 — EXTRAORDINARY REMEDIES Special Receivers Appointment of Special Receiver; Bond; Notice A court of equity may, in any proper case pending therein, in which funds or property of a corporation, firm or person is involved, and there is danger of the l… Proofed
53-6-2 Ch. 53 — EXTRAORDINARY REMEDIES Special Receivers Appointment of Special Receiver Ordered by Supreme Court of Appeals or Judge Thereof When a circuit court, or judge thereof, shall refuse the appointment of a receiver as aforesaid, a copy of the orders entered in the proceedings in court, and t… Proofed
53-6-3 Ch. 53 — EXTRAORDINARY REMEDIES Special Receivers Accounting by Special Receiver Any special receiver shall render an account of the funds or property of which he is receiver when ordered to do so by the court wherein the cause in which he i… Proofed
53-7-1 Ch. 53 — EXTRAORDINARY REMEDIES Arrest in Civil Cases Affidavit; Grounds for Arrest An order for the arrest of a defendant in any action or proceeding at law or suit in equity may be made by the court in which the action, proceeding or suit is … Proofed
53-7-2 Ch. 53 — EXTRAORDINARY REMEDIES Arrest in Civil Cases Entering Order of Arrest; Plaintiff’s Bond When sufficient cause shall be shown for the arrest of a defendant as aforesaid, such court, judge or clerk shall make an order directing the defendant to be ar… Proofed
53-7-3 Ch. 53 — EXTRAORDINARY REMEDIES Arrest in Civil Cases Issuing Order of Arrest Upon the delivery of the bond mentioned in the preceding section, the clerk shall issue an order for the arrest of the defendant in form or in substance as foll… Proofed
53-7-4 Ch. 53 — EXTRAORDINARY REMEDIES Arrest in Civil Cases Arrest and Commitment Unless Bond Given by Defendant Under such order, the defendant against whom it issues shall be arrested and committed to jail, unless bond be given in the sum specified therein, with sufficie… Proofed
53-7-5 Ch. 53 — EXTRAORDINARY REMEDIES Arrest in Civil Cases Defendant May Give Bond to Officer The defendant arrested under such order may, at any time pending the case, give bond to the officer making the arrest. Such bond shall be taken by such officer … Proofed
53-7-6 Ch. 53 — EXTRAORDINARY REMEDIES Arrest in Civil Cases Discharge of Defendant or Bond If the defendant give such bond, or be committed to jail for want of it, the court in which the case is pending, or the judge thereof in vacation, may, after re… Proofed
53-7-7 Ch. 53 — EXTRAORDINARY REMEDIES Arrest in Civil Cases Interrogatories; Discharge of Defendant on Failure of Plaintiff to File Interrogatories, or on Answers, Conveyance and Delivery by Defendant While a defendant is in custody, the plaintiff, without having a judgment or decree against the defendant, may file interrogatories to him in like manner as mig… Proofed
53-7-8 Ch. 53 — EXTRAORDINARY REMEDIES Arrest in Civil Cases Conveyance; Return and Filing of Interrogatories, Answers and Report; Sale of Property The officer making the arrest shall be the officer to whom the conveyance shall be made: Provided, That if for any reason it cannot or should not be made to him… Proofed
54-1-1 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Bodies Which May Exercise the Power of Eminent Domain The United States of America, the State of West Virginia, and every corporate body politic heretofore or hereafter created by the Constitution or statutes of th… Proofed
54-1-2 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Public Uses for Which Private Property May be Taken or Damaged The public uses for which private property may be taken or damaged are as follows: (a) For the construction, maintenance and operation of railroads and tractio… Proofed
54-1-3 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Entry on Lands Any incorporated company or body politic, invested with the power of eminent domain under this chapter, by its officers, servants and agents may enter upon land… Proofed
54-1-4 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Restrictions as to Dwelling Houses No railroad company, or other company of internal improvement, in locating and constructing its lines shall invade the dwelling house of any person, or any spac… Proofed
54-1-5 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Same No line for the transportation of natural or artificial gas under pressure or for the transportation of petroleum oil, and no tank for storing oil or natural ga… Proofed
54-1-6 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Quantity of Land Acquired The land acquired by condemnation by any company in corporated for a work of internal improvement along its line generally, shall not exceed one hundred and fif… Proofed
54-1-7 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Roadways; Crossings If any company shall acquire land under the provisions of this chapter, and, in the construction and operation of its work of internal improvement, obstruct or … Proofed
54-1-8 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Estate Acquired; Taxation Any corporation, or body politic, authorized to acquire private property for public use under the provisions of this chapter, may acquire an estate in fee simpl… Proofed
54-1-9 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Crossings, Connections or Alteration of Works; Suit in Equity If any railroad, canal company, company organized for the purpose of transporting carbon oil or natural or manufactured gas, or both, by means of pipes or other… Proofed
54-1-10 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Taking Wood and Other Materials and Water; Deposits of Waste; Cutting Trees Any railroad company may, in the manner provided by this chapter, enter upon and take from any land adjacent to or in the vicinity of its road, wood, earth, gra… Proofed
54-1-11 Ch. 54 — EMINENT DOMAIN Right of Eminent Domain Specific Purposes Not a Limitation The power of eminent domain conferred on any incorporated company or body politic by sections one and two of this article shall not be deemed or construed to be… Proofed
54-2-1 Ch. 54 — EMINENT DOMAIN Procedure Jurisdiction In any case in which property may lawfully be taken for a public use, application may be made by petition to the circuit court or to the judge thereof in vacati… Proofed
54-2-2 Ch. 54 — EMINENT DOMAIN Procedure Pleadings; Verification The pleadings shall be in writing and shall be verified. The petition shall describe with reasonable certainty the property proposed to be taken, and may embrac… Proofed
54-2-3 Ch. 54 — EMINENT DOMAIN Procedure Notice; Riparian Owner Affected by Taking of Water Of such application ten days’ notice shall be served on the owners, claimants and persons holding liens, whose interests the applicant seeks to condemn, and the… Proofed
54-2-4 Ch. 54 — EMINENT DOMAIN Procedure Persons Under Disability If the owner, or person holding any lien or claim, be under disability and there be a guardian or committee for him, such guardian or committee shall be notifie… Proofed
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