West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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Showing 5,701–5,750 of 6,321 sections
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56-7-1 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference To What Commissioner or Person Accounts to be Referred; Territorial Jurisdiction; Recommittal Accounts to be taken in any case shall be referred to a commissioner appointed under the provisions of sections one and two, article five, chapter fifty-one of … Proofed
56-7-2 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference Order of Reference Before Case on Docket The judge of any court having jurisdiction to try or hear chancery causes may, in vacation or in term time, though the cause be not upon the court docket, make … Proofed
56-7-3 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference Notice by Commissioner The court ordering an account to be taken may direct that the time and place of taking the same be published once a week for three successive weeks in some news… Proofed
56-7-4 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference Instruction of Commissioner by Judge A commissioner who doubts as to any point which arises before him, in taking an account to be returned to any court, may, in writing, submit the point to such c… Proofed
56-7-5 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference When Account to be Taken Ever commissioner to whom a cause is referred shall, immediately after the adjournment of each term of the court, proceed to take all accounts referred to him b… Proofed
56-7-6 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference Proof of Debt Before Commissioner by Affidavit; Counter Affidavit Every creditor in any chancery cause pending in any court before a commissioner in chancery under a decree of reference in such cause may establish his debt or … Proofed
56-7-7 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference Adjournment of Hearing; Notice of Completion of Report; Exceptions A commissioner in chancery may adjourn his proceedings from time to time after the day to which notice was given, without any new notice, until his report is co… Proofed
56-7-8 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference Contents of Commissioner’s Report The commissioner, or any other person executing an order of reference, in all cases, shall return with his report all the evidence taken upon the execution of t… Proofed
56-7-9 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference When Cause May be Heard on Report A cause may be heard upon a commissioner’s report at any time after it is returned, and the court may, for good cause shown by any party interested, hear a caus… Proofed
56-7-10 Ch. 56 — PLEADING AND PRACTICE Procedure on Orders of Reference Taking Accounts in Actions at Law At law, in any case in which it may be deemed necessary, the court may direct any such commissioner or other competent person, either before or at the time of t… Proofed
56-8-1 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Death; Conviction; Insanity; Termination of Powers of Personal Representative, Committee or Guardian Where a party dies, or becomes convict of felony, or insane, or the powers of a party who is a personal representative, committee or guardian cease, if such fac… Proofed
56-8-2 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Death of Joint Party; Revival of Pending Suit or Action Where such fact occurs in any stage of a cause, whether it be in a court of original or appellate jurisdiction, if it occur as to any of several plaintiffs or d… Proofed
56-8-3 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Marriage of Female Party The marriage of a female plaintiff or defendant shall not cause a suit or action to abate, but, upon affidavit or other proof of the fact, the suit or action sh… Proofed
56-8-4 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Cases on Review If, in any case of appeal, writ of error, or supersedeas, which is now or may hereafter be pending, there be at any time in an appellate court suggested, or rel… Proofed
56-8-5 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Scire Facias or Motion for Revival; Continuance; Pleadings In any stage of any case, a scire facias may be sued out for or against the committee of any party who is insane or a convict; or for or against a party before … Proofed
56-8-6 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Time for Issuance of Scire Facias; Entering Order at Rules The clerk of the court in which the case is may issue such scire facias at any time, and an order may be entered at rules for the case to proceed in the name of… Proofed
56-8-7 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Proceedings After Revival Against Defendant Whose Powers Cease Where the party whose powers cease is defendant, the plaintiff may continue his suit against him to final judgment or decree; but he shall not at law proceed in… Proofed
56-8-8 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution When Suit Discontinued Unless Revived If the committee, personal representative, heirs, or devisees of the plaintiff or appellant who was a party, or of the decedent whose committee, guardian, or pe… Proofed
56-8-9 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Discontinuance for Failure to Prosecute Any court in which is pending any case wherein for more than two years there has been no order or proceeding but to continue it, or wherein the plaintiff is del… Proofed
56-8-10 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Death of One of Numerous Parties in Equity When in any suit in equity the number of parties exceeds thirty, and any one of such parties jointly interested with others in any question arising therein shal… Proofed
56-8-11 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Death of Trustee and Appointment of Substitute in Pending Suit In a suit in equity in which it appears that a trustee has died, although the heirs of such trustee be not parties to the suit, yet if his personal representati… Proofed
56-8-12 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Reinstatement of Case Any court may, on motion, reinstate on the trial docket of the court any case dismissed, and set aside any nonsuit that may be entered by reason of the nonappea… Proofed
56-8-13 Ch. 56 — PLEADING AND PRACTICE Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution Further Proceedings After Reinstatement of Case All causes in which orders of dismissal have been made, or orders of nonsuit entered, which orders have been set aside and causes reinstated, shall remain upon … Proofed
56-9-1 Ch. 56 — PLEADING AND PRACTICE Removal of Causes Removal of Causes in General; Notice; Motion A circuit court, or any court of limited jurisdiction established pursuant to the provisions of section nineteen, article eight of the Constitution of this Stat… Proofed
56-9-2 Ch. 56 — PLEADING AND PRACTICE Removal of Causes Removal Where it is Improper for Judge to Hear Case If the judge of any circuit or other court mentioned in the next preceding section, wherein an action, suit, motion or other civil proceeding is pending, is so … Proofed
56-9-3 Ch. 56 — PLEADING AND PRACTICE Removal of Causes Transfer of Papers; Proceedings After Removal; Costs When any case is ordered to be removed under this article, the clerk of the court, from which, shall transmit to the clerk of the court, to which, it is removed… Proofed
56-10-1 Ch. 56 — PLEADING AND PRACTICE Miscellaneous Provisions Relating to Procedure Interpleader; Procedure Thereon A defendant in an action brought against him for the recovery of money which he does not wish to defend, but which money is claimed by some third person, or for… Proofed
56-10-2 Ch. 56 — PLEADING AND PRACTICE Miscellaneous Provisions Relating to Procedure Who May Execute Bonds Required in Suits A bond for obtaining any writ or order, in term or vacation, may be executed by any person with sufficient surety, though neither of the obligors be a party to … Proofed
56-10-3 Ch. 56 — PLEADING AND PRACTICE Miscellaneous Provisions Relating to Procedure Recovery of Damages for Detention of Property After Verdict When a judgment for specific personal property is affirmed by an appellate court, or an injunction to such judgment is dissolved, the person who is entitled to … Proofed
56-10-4 Ch. 56 — PLEADING AND PRACTICE Miscellaneous Provisions Relating to Procedure Compromise of Actions or Suits on Behalf of Infants or Insane Persons In any action or suit wherein an infant or insane person is a party, the court in which the same is pending, or the judge thereof in vacation, shall have the po… Proofed
56-10-5 Ch. 56 — PLEADING AND PRACTICE Miscellaneous Provisions Relating to Procedure Partition of Chattels When an equal division of goods or chattels cannot be made in kind among those entitled, a court of equity may direct the sale of the same and the distribution … Proofed
56-10-6 Ch. 56 — PLEADING AND PRACTICE Miscellaneous Provisions Relating to Procedure Affidavits by Corporations and Agents An affidavit by or for a corporation may be made by its president, vice president, general manager, cashier, treasurer, or a director, with out any special auth… Proofed
57-1-1 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Copies of Legislative Journals, Acts and Resolutions Copies of the journal of either house of the legislature, and copies of the acts and resolutions of the legislature, which have been or shall hereafter be publi… Proofed
57-1-2 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Local or Private Acts and Resolutions of Legislatures; How Given in Evidence; When Judicially Noticed Local or private acts and resolutions of the legislature may be given in evidence without being especially pleaded; and an appellate court shall take judicial n… Proofed
57-1-3 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Copies of Virginia Statutes The printed copies of the acts and resolutions of the general assembly of Virginia and of the statutes and codes of that state, with the supplements to and cont… Proofed
57-1-4 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Judicial Notice of Laws of Other States or of the United States Whenever in any case it becomes material to ascertain what the law, statutory or other, of another state or country, or of the United States, is, or was at any … Proofed
57-1-5 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Notice by Courts and Officers of Signatures of Judges or Governor All courts and officers shall take notice of the signature of any of the judges, or of the governor, of this State, to any judicial or official documents. Proofed
57-1-6 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Copies of Deeds Recorded Before 1814; Rights of Creditors and Purchasers Without Notice Copies of deeds, acknowledged or proved and certified according to the act of the general assembly of Virginia, of the thirteenth of December, seventeen hundred… Proofed
57-1-7 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Copies of Records or Papers in Public Offices; Certificate of Auditor A copy of any record, bond or paper in the office of the clerk of either house of the legislature or of any court, or in the office of the secretary of state, t… Proofed
57-1-8 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions When Copy Filed in a Suit May be Filed in Another; Defendant to Plead Thereto Such a copy of any writing filed in a suit may be filed in another suit on the same writing, and the defendant shall plead thereto as if the original were filed… Proofed
57-1-9 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Use of Records or Papers in Public Offices in Virginia The provisions in the two preceding sections contained shall apply to a copy of any record or paper in the clerk’s office of any court in the State of Virginia,… Proofed
57-1-10 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Certificate of Clerk of County Court of Entry or Nonentry for Taxation or Nonpayment of Taxes or Sale of Land The certificate of the clerk of any county court of the entry or nonentry of any tract of land for taxation on the land books of any county wherein the land oug… Proofed
57-1-11 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions When Original Papers in a Cause May Be Removed From Clerk’s Office; Copy Retained The court in the clerk’s office whereof there is an original paper filed in a cause (although decided) may, for good cause, order it to be delivered to any pers… Proofed
57-1-12 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Records and Proceedings of Courts of Other States or of the United States; Proof; Full Faith and Credit The records and judicial proceedings of any court of the United States, or of any state or territory, or of any country subject to the jurisdiction of the Unite… Proofed
57-1-13 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Public Records Not Pertaining to a Court; How Authenticated; Full Faith and Credit All records and exemplifications of books, which may be kept in any public office of the United States, or of any state, or territory, or of any country subject… Proofed
57-1-14 Ch. 57 — EVIDENCE AND WITNESSES Legislative Acts and Resolutions Documents and Copies Executed Out of State; How Authenticated Every deed or power of attorney executed out of this State, the acknowledgment or proof of which is certified so that it might be admitted to record under artic… Proofed
57-2-1 Ch. 57 — EVIDENCE AND WITNESSES Writings and Statements of Private Persons Writing in Handwriting of Alleged Writer Usable for Comparison In any civil suit or proceeding at law or in equity, and in any criminal action or proceeding, any writing proved to the satisfaction of the judge to be in the … Proofed
57-2-2 Ch. 57 — EVIDENCE AND WITNESSES Writings and Statements of Private Persons When Attesting Witness Need Not Be Called It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite; and such instrument may be pro… Proofed
57-2-3 Ch. 57 — EVIDENCE AND WITNESSES Writings and Statements of Private Persons Statement by Accused Upon Legal Examination In a criminal prosecution other than for perjury, evidence shall not be given against the accused of any statement made by him as a witness upon a legal examina… Proofed
57-2-4 Ch. 57 — EVIDENCE AND WITNESSES Writings and Statements of Private Persons Evidence in Mitigation of Damages in Actions for Defamation; Truth a Justification In any action for defamation, the defendant may justify by alleging and proving that the words spoken or written were true, and after notice in writing of his i… Proofed
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