Code of West Virginia, 1931

Code	Chapter	Article	Section Heading	Section Text Preview	Status
49-11-2	Ch. 49 — CHILD WELFARE	Crippled Children’s Council	Powers and Duties	It shall be the duty of the council to formulate and put into effect administrative policies, and to coordinate the work done under existing statutes relating t…	Proofed
49-11-3	Ch. 49 — CHILD WELFARE	Crippled Children’s Council	Organization	The council shall choose from its own members a chairman and vice chairman, and employ such subordinates as may be needed to carry out the provisions of this ar…	Proofed
49-11-4	Ch. 49 — CHILD WELFARE	Crippled Children’s Council	Quarters and Equipment	The council shall be provided with necessary quarters and office equipment in some existing state department represented in the council, if practicable, and if …	Proofed
49-11-5	Ch. 49 — CHILD WELFARE	Crippled Children’s Council	Compensation	The members of the council shall receive no compensation for their time, but with the exception of the four ex officio members, shall be entitled to their actua…	Proofed
49-11-6	Ch. 49 — CHILD WELFARE	Crippled Children’s Council	Reports	The council shall make a biennial report to the governor within thirty days of the convening of each regular session of the legislature, and may accompany the r…	Proofed
50-1-1	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Construction of Words	The following rules of construction shall apply to this chapter: (a) The word “justice” or “justices” shall be construed as if immediately followed by the wor…	Proofed
50-1-2	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Payments to Justice; Bond	Every justice shall receive the money tendered to him on any claim in suit before him, or on any judgment on his docket, or any docket lawfully in his possessio…	Proofed
50-1-3	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Liability Where Justice Fails to Account for Money	If a justice fail to pay any money which comes to his hands by virtue of his office, when demanded by the person entitled thereto, such justice and the sureties…	Proofed
50-1-4	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Designation of Successors of Outgoing Justices	When two justices are elected or appointed in any district in place of two others, the county court of the county shall declare, as to each of those going out o…	Proofed
50-1-5	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Absence of Justice Ground for Removal	Any justice who absents himself from his district for a longer period than sixty days may be removed from office as provided by law.	Proofed
50-1-6	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Purchase of Judgment by Justice or Constable	Whenever a justice or constable shall purchase any judgment or any interest in a judgment rendered in the county of such justice or constable by a justice there…	Proofed
50-1-7	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Purchase by Justice or Officer at Execution Sale	Neither the justice who issued, nor the officer holding the execution or any order of sale, shall purchase, directly or indirectly, any property sold on such ex…	Proofed
50-1-8	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	No Justice or Constable to Act as Agent or Attorney	No justice or constable shall act as agent or attorney for a party to an action, proceeding, or prosecution before a justice, and, if he does so act, he shall b…	Proofed
50-1-9	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Officer to Attend Trials	The constable, or other officer, shall attend all trials in his district in which he may have served process, and preserve order and enforce the lawful commands…	Proofed
50-1-10	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Duties of Officer as to Process	It shall be the duty of such officer, on the receipt of any summons, order, execution, or other process issued by a justice, except a subpoena, to note thereon …	Proofed
50-1-11	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Powers of Officer as to Orders and Process	In serving and executing the orders and process issued by a justice, the officer may exercise the same authority over persons and property as it would he lawful…	Proofed
50-1-12	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Liability of Officer for Failure to Execute Process or for False Return	Every officer who shall neglect or refuse to serve or execute any lawful process or order in his hands, issued by a justice, when in his power to do so, or shal…	Proofed
50-1-13	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Duties and Liability of Constable on Expiration of Term; of Personal Representatives When Constable Dies	Every constable going out of office may finish the business in his hands remaining unfinished, in the same manner as if his term had not expired, and, in such c…	Proofed
50-1-14	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Appointment of Special Constable	Whenever it shall satisfactorily appear to a justice issuing a summons, attachment or warrant of arrest in a civil action, or a warrant in a criminal proceeding…	Proofed
50-1-15	Ch. 50 — JUSTICES AND CONSTABLES	Powers, Duties and Liabilities	Record of Appointment of Special Constable; Liability of Justice for His Acts; Powers	The justice shall note such appointment on his docket and shall, with his sureties, be liable on his official bond for any neglect of duty, default or misconduc…	Proofed
50-2-1	Ch. 50 — JUSTICES AND CONSTABLES	Civil Jurisdiction and Authority	Jurisdiction and Authority in General	A justice of the peace, within and coextensive with the county in which the district is for which he was elected, shall have civil jurisdiction and authority: …	Proofed
50-2-2	Ch. 50 — JUSTICES AND CONSTABLES	Civil Jurisdiction and Authority	Cases in Which no Jurisdiction	A justice shall not have cognizance of any action: (a) In which the title to real estate is sought to be recovered, or is drawn in question; (b) For false …	Proofed
50-2-3	Ch. 50 — JUSTICES AND CONSTABLES	Civil Jurisdiction and Authority	When Justice Under Disability; Another Justice May Act	If a justice be a party to the suit, or be interested in the result thereof, otherwise than as a resident or taxpayer of the district or county, or be related t…	Proofed
50-2-4	Ch. 50 — JUSTICES AND CONSTABLES	Civil Jurisdiction and Authority	Venue	The civil jurisdiction of a justice shall not extend to any action unless the cause of action arose in his county, or the defendant, or one of the defendants, r…	Proofed
50-2-5	Ch. 50 — JUSTICES AND CONSTABLES	Civil Jurisdiction and Authority	Summons to Appear Before Justice of Another District	A justice of one district may issue a summons to the defendant to appear before the justice of another district in the same in county if the suit be cognizable …	Proofed
50-2-6	Ch. 50 — JUSTICES AND CONSTABLES	Civil Jurisdiction and Authority	Jurisdictional Amount in Action on Penal Bond	When the action is on a penal bond, the amount claimed for the breaches alleged, and not the penalty, shall be considered in determining the question of jurisdi…	Proofed
50-2-7	Ch. 50 — JUSTICES AND CONSTABLES	Civil Jurisdiction and Authority	Amount Named in Summons to Determine Jurisdiction; Release of Excess	The amount named in the summons shall determine the jurisdiction of a justice in a civil action; but whenever it appears in any action brought before a justice …	Proofed
50-3-1	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	How Action Commenced	Actions before justices are commenced by summons, or the appearance and agreement of the partie without summons; and not otherwise. Any action so commenced by a…	Proofed
50-3-2	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	When Action Deemed Commenced	When the action is commenced by summons it shall be deemed commenced as of the date of the summons; and every summons shall be dated as of the day that a proper…	Proofed
50-3-3	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Direction and Service of Process	If the justice have jurisdiction of the action, any lawful process, order or notice therein, unless otherwise specially provided, may be directed to any constab…	Proofed
50-3-4	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Form of Summons; Return; Trial; Order of Arrest	The summons in justices’ courts, except as provided in article eleven of this chapter, shall be in form or in substance as follows: {{FIGURE type=form page=122…	Proofed
50-3-5	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Process Where Name of Defendant Unknown	When a party to any note or instrument of writing has signed or indorsed the same with the initials, or some contraction of his name, or of his first name, or b…	Proofed
50-3-6	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Suits in Partnership Name	Persons associated as partners in any trade or business may sue as such before a justice in the firm name, but the names of the individuals composing such firm …	Proofed
50-3-7	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Separate Process for Joint Defendants	When two or more persons are jointly liable to the action, a separate summons, if the plaintiff require it, may be issued at the commencement of the action, or …	Proofed
50-3-8	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Mode of Service of Process and Effect of Written Acknowledgment of Service, or Appearance	If the defendant be found, the process, order, or notice, unless person or property is to be taken into custody, or it be otherwise specially provided, shall be…	Proofed
50-3-9	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Serving of Notice When Agent or Attorney Appointed	When an agent or attorney has been appointed, service of any notice in the suit on him shall be equivalent to service on his principal.	Proofed
50-3-10	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Service of Process on Infants	When a minor is a party to an action, the service of any process, order or notice must be on him if he be found within the county; and, if he be under the age o…	Proofed
50-3-11	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Service of Process or Notice on Domestic Corporation	Unless otherwise specially provided, process against, or notice to, a corporation created by virtue of the laws of this State may be served as follows: (a) If…	Proofed
50-3-12	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Service of Process on Foreign Corporation	Process against, or notice to, a foreign corporation which has a usual place of business in this State, or, with or without such usual place of business, is doi…	Proofed
50-3-13	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Service on Branch Bank	If a suit against a bank be brought in the county where it has a branch, service on the president or cashier of the branch is sufficient.	Proofed
50-3-14	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Provisions for Service on Corporations in Circuit Court Proceedings Made Applicable	Except as otherwise provided in this article, service at any time may be made upon any corporation in the manner prescribed for similar proceedings in the circu…	Proofed
50-3-15	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	New Summons	A new summons may, if the paintiff desire it, be issued against a defendant when there has been no service or return of the former summons, and the same shall b…	Proofed
50-3-16	Ch. 50 — JUSTICES AND CONSTABLES	Commencement of Actions; Process	Acceptance of Service by Auditor as Statutory Attorney in Fact	The auditor of the State of West Virginia shall accept service of any process against, or any order or notice to, any corporation for which he is statutory atto…	Proofed
50-4-1	Ch. 50 — JUSTICES AND CONSTABLES	Pleading and Practice	Form of Action	The forms of action now existing shall not apply to justices’ courts, and there shall hereafter be but one form of action in such courts, which shall be denomin…	Proofed
50-4-2	Ch. 50 — JUSTICES AND CONSTABLES	Pleading and Practice	Pleadings	The pleadings in justices’ courts are, first, the complaint by the plaintiff; second, the answer by the defendant.	Proofed
50-4-3	Ch. 50 — JUSTICES AND CONSTABLES	Pleading and Practice	Pleadings Oral or Written; Docket Entries; Issues	The pleadings may be oral or in writing; if oral, the substance of them shall be entered by the justice in his docket; if in writing, they shall be filed by him…	Proofed
50-4-4	Ch. 50 — JUSTICES AND CONSTABLES	Pleading and Practice	The Complaint	The complaint shall state in a plain and direct manner the facts constituting the cause of action; and, if more than one cause of action be stated therein, each…	Proofed
50-4-5	Ch. 50 — JUSTICES AND CONSTABLES	Pleading and Practice	The Answer	The answer of the defendant may contain, first, a denial of the complaint or some part thereof; second, a statement of the facts constituting a defense or count…	Proofed
50-4-6	Ch. 50 — JUSTICES AND CONSTABLES	Pleading and Practice	No Particular Form Required	Such pleadings are not required to be in any particular form, but must be such as to enable a person of common understanding to know what is intended.	Proofed
50-4-7	Ch. 50 — JUSTICES AND CONSTABLES	Pleading and Practice	When Party May Except	Either party may except to a pleading of his adversary when it is not sufficiently explicit to be understood or it contains no cause of action or defense.	Proofed