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 5,651–5,700 of 6,321 sections
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56-5-1 Ch. 56 — PLEADING AND PRACTICE Payment and Set-off Payment Before Action Brought May be Pleaded In any action for the recovery of a debt, the defendant may plead payment of the debt (or of so much as is due by the condition) before action brought. Proofed
56-5-2 Ch. 56 — PLEADING AND PRACTICE Payment and Set-off Payment Into Court After Action as Brought In any personal action, the defendant may pay into court, to the clerk, a sum of money on account of what is claimed, or by way of compensation or amends, and p… Proofed
56-5-3 Ch. 56 — PLEADING AND PRACTICE Payment and Set-off Acceptance of Such Payment; Trial of Issue as to Residue The plaintiff may accept such sum, either in full satisfaction and then have judgment for his costs, or in part satisfaction and reply to the plea generally and… Proofed
56-5-4 Ch. 56 — PLEADING AND PRACTICE Payment and Set-off Set-off; Plea or Account Thereof; Counter Set-off; Trial In a suit for any debt, the defendant may at the trial prove and have allowed against such debt any payment or set-off which is so described in his plea, or in … Proofed
56-5-5 Ch. 56 — PLEADING AND PRACTICE Payment and Set-off Special Pleas in the Nature of Pleas of Set-off; Verification In any action on a contract, the defendant may file a plea alleging any such failure in the consideration of the contract, or fraud in its procurement, or any s… Proofed
56-5-6 Ch. 56 — PLEADING AND PRACTICE Payment and Set-off When Such Plea Bar to Relief in Equity; Nature of Replication If a defendant entitled to such plea as is mentioned in the preceding section shall not tender it, or though he tender it, if it be rejected for not being offer… Proofed
56-5-7 Ch. 56 — PLEADING AND PRACTICE Payment and Set-off Application of Article to Voluntary Bonds or Deeds Nothing in this article shall impair or affect the obligation of any bond or other deed deemed voluntary in law, upon any party thereto, or his representatives. Proofed
56-5-8 Ch. 56 — PLEADING AND PRACTICE Payment and Set-off Set-off As to Part of Demand; Continuance If the defendant file a plea or account of set-off which covers or applies to part of the plaintiff’s demand, judgment may forthwith be rendered for the part no… Proofed
56-5-9 Ch. 56 — PLEADING AND PRACTICE Payment and Set-off Status of Defendant With Reference to Set-off; Verdict and Judgment A defendant who files a plea or account under this article shall be deemed to have brought an action against the plaintiff (at the time of filing the same) for … Proofed
56-6-1 Ch. 56 — PLEADING AND PRACTICE Trial Law Docket Before every term of a circuit court, or any other court of record exercising jurisdiction in the trial or hearing of actions at law, the clerk shall make out a… Proofed
56-6-2 Ch. 56 — PLEADING AND PRACTICE Trial Chancery Docket Before every term of a circuit court, or any other court exercising jurisdiction in the hearing of suits in chancery, the clerk shall make out a separate docket… Proofed
56-6-3 Ch. 56 — PLEADING AND PRACTICE Trial Application for Hearing Any party asking the court to hear a case may, if the court refuses to hear it, have his application spread upon the record, with a statement of the facts in re… Unreviewed
56-6-4 Ch. 56 — PLEADING AND PRACTICE Trial Direction and Trial of Issues Out of Chancery Any court, wherein is pending a chancery case in which there is such a conflict in the evidence as, in the opinion of such court, to render it proper, may direc… Proofed
56-6-5 Ch. 56 — PLEADING AND PRACTICE Trial Trial of Action at Law; Separate Verdicts on Different Issues; Interrogatories to the Jury Any court of record having jurisdiction of the trial of common law actions may, in any case before it other than a chancery case, have an issue tried, or an inq… Proofed
56-6-6 Ch. 56 — PLEADING AND PRACTICE Trial Time for Trial At the next term after an order at the rules for an inquiry of damages, such order may be executed and a final judgment rendered thereupon, unless good cause be… Proofed
56-6-7 Ch. 56 — PLEADING AND PRACTICE Trial Continuance on Account of Absence of Witness If in any case a continuance be asked because of the absence of a witness, an affidavit must be filed, if required by any party opposing, setting forth, in addi… Proofed
56-6-8 Ch. 56 — PLEADING AND PRACTICE Trial Continuance of Causes at End of Term All causes on the docket of any court, and all other matters ready for its decision which shall not have been determined before the end of a term, whether regul… Proofed
56-6-9 Ch. 56 — PLEADING AND PRACTICE Trial Case Not to be Discontinued by Failure to Sign Judgment When a defendant has demurred to, filed a plea to, or otherwise put in issue, a part of the plaintiff’s claim and has left the residue of such claim unanswered,… Proofed
56-6-10 Ch. 56 — PLEADING AND PRACTICE Trial Stay of Proceedings Until Other Action, Suit or Proceeding Decided Whenever it shall be made to appear to any court, or to the judge thereof in vacation, that a stay of proceedings in a case therein pending should be had until … Proofed
56-6-11 Ch. 56 — PLEADING AND PRACTICE Trial Execution of Order of Inquiry and Trial of Case by Court; Reduction of Number of Jurors The court, in an action at law, if neither party require a jury, or if the defendant has failed to appear and the plaintiff do not require a jury, shall ascerta… Proofed
56-6-12 Ch. 56 — PLEADING AND PRACTICE Trial Qualifications of Jurors; Examination on Voir Dire; Challenges Either party in any action or suit may, and the court shall on motion of such party, examine on oath any person who is called as a juror therein, to know whethe… Proofed
56-6-13 Ch. 56 — PLEADING AND PRACTICE Trial Special Jury Any court may allow a special jury in any civil case, to be formed in the following manner: The court shall direct a panel of twenty jurors to be drawn by the c… Proofed
56-6-14 Ch. 56 — PLEADING AND PRACTICE Trial Juror Having Matter of Fact to be Tried Disqualified No person shall serve as a juror at any term of a court during which he has any matter of fact to be tried by a jury, which shall have been, or is expected to b… Proofed
56-6-15 Ch. 56 — PLEADING AND PRACTICE Trial Exceptions to Jurors After Sworn No exception shall be allowed against a juror, after he is sworn upon the jury, on account of his age or other legal disability, unless by leave of court. Proofed
56-6-16 Ch. 56 — PLEADING AND PRACTICE Trial Irregularities Affecting the Jury; Time for Objection No irregularity in any writ of venire facias, or in the drawing, summoning, or impaneling of jurors, shall be sufficient to set aside a verdict, unless objectio… Proofed
56-6-17 Ch. 56 — PLEADING AND PRACTICE Trial View by Jury The jury may, in any case, at the request of either party, be taken to view the premises or place in question, or any property, matter or thing relating to the … Proofed
56-6-18 Ch. 56 — PLEADING AND PRACTICE Trial Disclosure by Juror of Knowledge of Facts in Issue A juror knowing anything relative to a fact in issue shall disclose the same in open court, but not to the jury out of court; and the court shall inform the jur… Proofed
56-6-19 Ch. 56 — PLEADING AND PRACTICE Trial Instructions to Jury; Form and Manner of Giving Upon the trial of any case, civil or criminal, before a jury, either party may pray the court to give to the jury any instruction which has been reduced to writ… Proofed
56-6-20 Ch. 56 — PLEADING AND PRACTICE Trial Reading Instructions to Jury; Instructions Part of the Record All instructions given shall be read by the court to the jury as the action and ruling of the court, without reference to or disclosing the party by whom they m… Proofed
56-6-21 Ch. 56 — PLEADING AND PRACTICE Trial Time for Examining Instructions, Objecting Thereto, and Settlement Thereof The court shall, in the absence of any rule for such purpose prescribed by the supreme court of appeals, under the provisions of section four, article one, chap… Proofed
56-6-22 Ch. 56 — PLEADING AND PRACTICE Trial Oral Instructions by Court; Written Instructions During Trial Nothing in the three next preceding sections contained shall affect the power of the court during the trial of the case to instruct the jury orally concerning m… Proofed
56-6-23 Ch. 56 — PLEADING AND PRACTICE Trial Papers Taken by Jury Depositions or other papers read in evidence may, by leave of the court, be carried from the bar by the jury. Proofed
56-6-24 Ch. 56 — PLEADING AND PRACTICE Trial Argument of Counsel Not more than two counsel shall argue in a civil case on the same side, unless by leave of court, and the argument of each counsel shall not occupy more than tw… Proofed
56-6-25 Ch. 56 — PLEADING AND PRACTICE Trial Time Limitation as to Nonsuit A party shall not be allowed to suffer a nonsuit, unless he do so before the jury retire from the bar. Proofed
56-6-26 Ch. 56 — PLEADING AND PRACTICE Trial How Verdict May be Affected by Faulty Count When there are several counts in a declaration, one or more of which are faulty, the defendant may demur to the faulty count or counts, or move the court to ins… Proofed
56-6-27 Ch. 56 — PLEADING AND PRACTICE Trial Interest on Claim and Verdict The jury, in any action founded on contract, may allow interest on the principal due, or any part thereof, and in all cases they shall find the aggregate of pri… Proofed
56-6-28 Ch. 56 — PLEADING AND PRACTICE Trial New Trial In any civil case or proceeding, the court before which a trial by jury is had may grant a new trial, unless it be otherwise specially provided. A new trial may… Proofed
56-6-29 Ch. 56 — PLEADING AND PRACTICE Trial Judgment or Decree to be for Aggregate of Principal and Interest to Date of Recovery When there is a recovery on a bond conditioned for the payment of money, as well as in all cases where a judgment or decree is rendered or made for the payment … Proofed
56-6-30 Ch. 56 — PLEADING AND PRACTICE Trial Action on Contract for Payments in Installments, or on Bond With a Collateral Condition In an action on an annuity bond, or a bond for money payable by installments, where there are further payments of the annuity, or further installments to become… Proofed
56-6-31 Ch. 56 — PLEADING AND PRACTICE Trial Interest on Judgment or Decree Every judgment or decree for the payment of money, except where it is otherwise provided by law, shall bear interest from the date thereof, whether it be so sta… Proofed
56-6-32 Ch. 56 — PLEADING AND PRACTICE Trial Recovery Against One or More Contract Defendants In an action or motion, founded on contract, against two or more defendants, the fact that one or more of the defendants, at any stage of the cause or for any r… Proofed
56-6-33 Ch. 56 — PLEADING AND PRACTICE Trial Judgment or Decree Against Personal Representative or Committee; Costs A judgment or decree against any person as the personal representative of a decedent or committee of a convict or insane person, for a debt due from such decede… Proofed
56-6-34 Ch. 56 — PLEADING AND PRACTICE Trial Issuance of Executions During Term Any circuit court or other court of record, after the fifteenth day of its term, may make a general order allowing executions to issue on judgments or decrees a… Proofed
56-6-35 Ch. 56 — PLEADING AND PRACTICE Trial Bills of Exceptions In the trial of a case at law in which a writ of error or supersedeas lies to the court of appeals, a party may except to any action or opinion of the court and… Proofed
56-6-36 Ch. 56 — PLEADING AND PRACTICE Trial Certificate in Lieu of Bill of Exceptions In lieu of the bill of exceptions provided by the preceding section, it shall be sufficient that any matter intended to become a part of the record in any case … Proofed
56-6-37 Ch. 56 — PLEADING AND PRACTICE Trial How Certificate of Trial Judge or Bills of Exceptions to be Considered; Instructions in Transcript Presumed to be all Given by the Court The appellate court in reviewing, upon a writ of error or supersedeas to a final judgment, or upon an appeal from a final decree, of an inferior court in a caus… Proofed
56-6-38 Ch. 56 — PLEADING AND PRACTICE Trial Hearing of Chancery Causes in Open Court; Oral Testimony; Bills of Exception; Transcript for Appeal Chancery causes may, by leave of the court, and by agreement of counsel for the parties, be heard and determined in open court; but in cases so heard the witnes… Proofed
56-6-39 Ch. 56 — PLEADING AND PRACTICE Trial Hearing of Motion; Action or Chancery Cause in Vacation; Certification, Entry and Effect of Order or Decree Any motion, civil action at law, or chancery cause, pending in a circuit court, or any other court, or before the judge thereof, having jurisdiction of the subj… Proofed
56-6-40 Ch. 56 — PLEADING AND PRACTICE Trial Contempt Proceedings in Vacation The judge of every circuit court or other court of record having jurisdiction to try or hear actions at law or suits in equity shall have the same power in vaca… Proofed
56-6-41 Ch. 56 — PLEADING AND PRACTICE Trial Certification and Entry of Vacation Orders All orders and decrees made by a judge out of court in a cause pending in court shall be certified by him to the clerk of the court in which the same is pending… Proofed
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