reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-8. Service of Declaration and Notice; Order of Publication

To such declaration there shall be subjoined a written or printed notice by the plaintiff, or his attorney, addressed to the defendant and notifying him that such declaration will be filed on some specified rule day, in the clerk's office of the court in which the action is to be prosecuted, or in such court on some day named at the next term thereof, and that if he fails to appear and plead thereto, within the time required by law, judgment will be given against him Such declaration and notice may be served in the same manner as other notices may by law be served. But if the defendant do not reside in the county where the action is brought, or cannot be found therein, such service may be made in any part of the state where he may reside or be found; and if he do not reside in the state, or cannot be found therein, so that such service cannot be made, an order of publication, as provided by law in other cases, may be awarded against him and all the laws in force in relation to judgments and decrees obtained on publication and proceedings in such cases shall be applicable to the proceedings and judgment had and rendered in such action on such publication.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-9. Rule to Plead; Default Judgment

Upon filing the declaration and notice, with proof of the service thereof as aforesaid, the plaintiff shall be entitled to a rule upon the defendant to appear and plead at the next rule day, if the same be filed at rules, or if filed in court, to appear and plead within such time as shall be prescribed by the court; and if the defendant fail so to appear and plead, his default shall be entered and judgment given against him
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-10. Plea or Demurrer; Issue on Plea; Evidence Admissible

The defendant may demur to the declaration, as in personal actions, or plead thereto, or do both. But he shall plead the general issue only, which shall be that the defendant is not guilty of unlawfully withholding the premises claimed by the plaintiff in the declaration. Upon such plea, the defendant may give in evidence any matter which, if pleaded in the former writ of right, would have barred the action of the plaintiff.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-11. Equitable Title of Vendee as Defense

A vendor, or any person claiming under him shall not at law recover against a vendee, or those claiming under him lands sold by such vendor to such vendee, when there is a writing stating the purchase, and the terms thereof, signed by the vendor or his agent.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-12. Payment or Performance by Mortgagor as Defense

The payment of the whole sum, or the performance of the whole duty, or the accomplishment of the whole purpose, which any mortgage or trust deed may have been made to secure or effect, shall prevent the grantee or his heirs from recovering at law, by virtue of such mortgage or trust deed, property thereby conveyed, whenever the defendant would in equity be entitled to a decree revesting the legal title in him without condition.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-13. Notice of Equitable Defense; Resort to Equity Not Barred

A defendant shall not be allowed to avail himself of either of the two preceding sections, unless notice in writing of such defense shall be filed with his plea. Whether he shall or shall not make or attempt such defense, he shall not be precluded from resorting to equity for any relief to which he would have been entitled, if the said sections had not been enacted.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-14. Consent Rules Not to Be Used; What Plaintiff Must Prove Generally

The consent rules shall not be used. The plaintiff need not prove an actual entry on or possession of the premises demanded, or receipt of any profits thereof, nor any lease, entry or ouster, except as hereinafter provided. But it shall be sufficient for him to show a right to the possession of the premises at the time of the commencement of the suit.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-14a. When Proof Required of Location of Reservations or Exceptions Contained in Instruments of Title

In any action, suit or other judicial proceeding involving the title to land embraced in the exterior boundaries of any patent, deed, or other writing, which reserves or accepts one or more parcels of land from the operation of such patent, deed or other writing, if there be no claim made by a party to the proceedings that the land in controversy, or any part thereof, lies within such reservation or exception, such patent, deed, or other writing, shall be construed, and shall have the same effect, as if it contained no such reservation or exception; and if any party to such proceeding claims that the land in controversy, or any part thereof, lies within such reservation or exception, the burden shall be upon him to prove the fact, and all land not shown by a preponderance of the evidence to lie within such reservation or exception shall be deemed to lie without the same.
This section shall apply in cases involving the right to the proceeds of any such land when condemned or sold, as well as in cases where the title to land is directly involved, and shall apply in any case in which the title to any part of the land, or its proceeds, but for this section, would or might be in the state.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-15. What Plaintiff Must Prove Against Cotenant

If the action be by one or more tenants in common, or joint tenants, or coparceners, against their cotenants, the plaintiff shall be bound to prove actual ouster or some other act amounting to a total denial of the plaintiff's right as cotenant.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-16. Extent of Possession Under Patent, Deed or Other Writing

In a controversy affecting land, when a person claiming under a patent, deed or other writing shall enter upon and take possession of any part of the land in controversy under such patent, deed or other writing, for which some other person has the better title, such adversary possession under such patent, deed or other writing shall be taken and held to extend to the boundaries embraced or included by such patent, deed or other writing, unless the person having the better title shall have actual adverse possession of some part of the land embraced by such patent, deed or other writing.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-17. Verdict as to Parties

If the jury be of opinion for the plaintiffs, or any of them, the verdict shall be for the plaintiffs or such of them as appear to have the right to the possession of the premises, or any part thereof, and against such of the defendants as were in possession thereof, or exercised acts of ownership thereon, or claimed title thereto or any interest therein, at the commencement of the action. Where any plaintiff appears to have no such right, the verdict as to such plaintiff shall be for the defendants. If the action be against several defendants, and a joint possession of all be proved, and the plaintiff be entitled to a verdict, it shall be against all, whether they plead separately or jointly.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-18. Verdict as to Premises

When the right of the plaintiff is proved to all the premises claimed, the verdict shall be for the premises generally, as specified in the declaration; but if it be proved to only a part or share of the premises, the verdict shall specify such part particularly as the same is proved, and with the same certainty of description as is required in the declaration. If the verdict be for an undivided share or interest in the premises claimed, it shall specify the same; and if for an undivided share or interest of a part of the premises, it shall specify such share or interest, and describe such part as before required. The verdict shall also specify the estate found in the plaintiff, whether it be in fee or for life, stating for whose life, or whether it be a term of years, and specifying the duration of such term.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-19. Judgment; Assignment of Dower

The judgment for the plaintiff shall be that he recover the possession of the premises, according to the verdict of the jury, if there be a verdict; or if the judgment be by default, or on demurrer, according to the description thereof in the declaration. If the action be brought to recover dower which has not been assigned before the commencement of such action, the court in which the judgment is rendered may have dower assigned by commissioners appointed for that purpose. If the action be against several defendants, and it appear on the trial that any of them occupy distinct parcels, in severalty or jointly, the plaintiff may recover several judgments against them for the parcels so held by one or more of the defendants separately from others. The plaintiff may recover any specific or any undivided part or share of the premises, though it be less than he claimed in the declaration.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-20. Change in Plaintiff's Right Pending Action; Additional Party Plaintiff

If the right or title of the plaintiff in ejectment be that of a tenant for life or for a term of years, and such right or title shall expire after the commencement of the action, but before trial, the verdict shall be according to the fact, and judgment shall be entered for his damages sustained by the withholding of the premises by the defendant; and as to the premises claimed, the judgment shall be that the defendant go thereof without day. But the right of the plaintiff to recover in the action shall not be affected or impaired by reason of any conveyance or transfer of the legal title to the premises in controversy, by or from the plaintiff to another, pending the action. And where any such conveyance or transfer is made, the person in whom the legal title to such premises is thereby vested may, at any time before trial, on motion of either party, be made a party plaintiff in the action, either with or without an amendment of the declaration, as the court may deem proper; and in such case, if the plaintiff recover, the verdict and judgment may be for all the plaintiffs, or for such of them as may be entitled to the possession of the premises at the time of the trial.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-21. Mesne Profits and Damages

If the plaintiff file with his declaration a statement of the profits and other damages which he means to demand, and the jury find in his favor, they shall at the same time, unless the court otherwise order, assess the damages for mesne profits of the land for any period not exceeding five years previous to the commencement of the suit until the verdict, and also the damages for any destruction or waste of the buildings or other property during the same time for which the defendant is chargeable.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-22. How Damages Assessed

If there be no issue of fact tried in the cause, and judgment is to be rendered for the plaintiff on demurrer, default, or otherwise, such damages shall be assessed by the court, unless either party shall move to have them assessed by a jury, or the court shall think proper to have them so assessed, in which case a jury shall be impaneled to assess them.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-23. Claim for Improvements

If the defendant intends to claim allowance for improvements made upon the premises by himself or those under whom he claims, he shall file with his plea, or at a subsequent time before the trial (if for good cause allowed by the court), a statement of his claim therefor, in case judgment be rendered for the plaintiff.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-26. Effect of Judgment

Any such judgment in an action of ejectment shall be conclusive as to the right of the possession established in such action upon the party against whom it is rendered, and, subject to the provisions of section two, article eleven of this chapter, against all persons claiming from, through, or under such party, by title accruing after the commencement of such action, except as hereinafter mentioned.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-29. Default or Surrender by Tenant for Life

If any tenant for life of land make default or surrender, the heirs, or those entitled to the remainder, may, before judgment, be admitted to defend their right, or after judgment may assert their right, without prejudice from such default or surrender.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-31. Petition for Ascertainment and Designation of Boundary Line or Lines of Real Estate

Any person having a subsisting interest in real estate and a right to its possession, or to the possession of some share, interest or portion thereof, upon petition filed in the court which would have jurisdiction in an action of ejectment concerning such real estate, shall have the right to have ascertained and designated by the said court, the true boundary line or lines to such real estate, as to one or more of the coterminous landowners. Petitioner in his petition shall state whether his interest is in fee, for life, for a term or otherwise, and shall describe with reasonable certainty said real estate and the boundary line or lines thereof which he seeks to establish. A plat showing such real estate and boundary line or lines, filed with the petition, may serve the purposes of such description.
The petitioner shall make defendants to said petition all persons having a present interest in the boundary line or lines sought to be ascertained and designated, and the case shall be commenced by serving a copy of the petition upon the defendant or defendants. If the petition shall have been served on the defendant or defendants and filed in the clerk's office not less than thirty days preceding the first day of a term of court the case shall be matured for trial at said term. The defendant or defendants may file an answer to said petition which shall state the grounds of defense, if any, and the parties shall be deemed to be at issue, which issue shall be the true boundary line or lines of such real estate. The trial shall be conducted as other trials at law, and the same rules of evidence shall apply and the same defenses may be made as in other actions at law. A trial by jury may be waived by consent of the parties, and the case be tried by the court. Counsel for the petitioner shall have the right to open and conclude the argument. The judgment of the court shall be recorded in the law order book, and in the current deed book in the office of the clerk of the county court, and indexed in the names of the parties.
The judge of the court in term time or vacation may direct such surveys to be made as he may deem necessary. The judgment of the court, unless reversed, shall forever settle, determine, and designate the true boundary line or lines in question, and be binding upon the parties, their heirs, devisees, and assigns. The judgment may be enforced in the same manner as a judgment in an action of ejectment. A writ of error from the Supreme Court of Appeals shall lie to such judgment in like manner as in a common-law action.
In a proceeding under this section, no claim for rents, profits or damages shall be considered.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 4. Ejectment › §55-4-31a. Resolution of Boundary Disputes; Corrective Deeds; Petition for Ascertainment and Designation of Boundary Line or Lines of Real Estate

Where a survey has been made to establish the boundary to a parcel of land and there is a dispute between two or more owners of the land so surveyed as to the location of the boundary as located by such surveyor, the surveyor may make or cause to be made a review of the appropriate deeds of the parcels of land involved to determine the correct property description and location of the line.
If there is not sufficient evidence at the site of the parcels involved to ascertain the true location of the boundary line, the parties to the dispute may secure the judgment and knowledge of another licensed land surveyor or surveyors or registered professional engineer or engineers as to the true location. If an agreement is reached between all of the owners of the land involved in the dispute, then a straw deed or deed of correction shall be made, with the signatures of all parties affixed thereto.
If after the intervention of the additional surveyor, surveyors, engineer or engineers, there still exists a dispute as to the location of the boundary line, then any party may bring an action pursuant to section thirty-one of this article in the circuit court of the county where the land is located to ascertain the true location of the boundary line: Provided, That in any such action no party to such action shall be permitted to introduce into evidence any agreement with respect to the boundary dispute between two or more parties to the action if such agreement is not embodied in a corrective or straw deed executed by the parties.
Nothing in this section shall prevent or be deemed a condition precedent to the institution of an action under section thirty-one of this article.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-1. Method of Asserting Claim

Any defendant against whom a decree or judgment shall be rendered for land, where no assessment of damages has been made under the preceding article, may, at any time before the execution of the decree or judgment, present a petition to the court rendering such decree or judgment, stating that he or those under whom he claims, while holding the premises under a title believed by him or them to be good, have made permanent improvements thereon, and praying that he may be allowed for the same the fair and reasonable value thereof; and thereupon the court, if satisfied of the probable truth of the allegation, shall suspend the execution of the judgment or decree, and impanel a jury to fix and assess the damages of the plaintiff (if any) and the value of the improvements (if any) so made by the defendant.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-2. Valuation of Improvements Made by Defendant Before Notice of Title

If the jury be satisfied that the defendant, or those under whom he claims, made on the premises, at a time when there was reason to believe the title good under which he or they were holding such premises, permanent and valuable improvements, they shall estimate in his favor the value of such improvements as were so made before notice in writing of the title under which the plaintiff claims, as they are at the time such valuation is made.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-3. Liability of Defendant for Annual Value of Premises and Damages -- Assessment of Damages for Plaintiff

The jury, in fixing and assessing such value and damages, shall estimate against the defendant the annual value of such part of the premises (if any) as was improved and in a state fit and prepared for cultivation at the time he took possession thereof, and also the damages for waste or other injury to the premises committed by the defendant, and shall credit him with the value of all the improvements made thereon, but no charge shall be made against the tenant for the use of any improvements made upon the land by him or for the use of any part of the land cleared by him
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-4. Same -- for What Period Defendant Liable

The defendant shall not be liable for such annual value or damages for any period longer than five years before the action or suit was brought, except that, if the sum allowed by the jury for the improvements exceed that allowed to the plaintiff for the annual value and damages of the premises under section three of this article, the jury may then estimate against the defendant such annual value and damages for the time he has used and occupied the same before the said five years.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-5. Verdict for Balance After Damages Set Off Against Improvements; Entry of Judgment

After setting off the amount allowed the plaintiff (if any) against the amount allowed to the defendant for improvements (if any), the jury shall find a verdict for the plaintiff or defendant, as the case may be, and judgment or decree shall be entered therefor according to the verdict.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-7. Reimbursement of Life Tenant by Remainderman or Reversioner

If the plaintiff claim only on an estate for life in the land recovered, and pay any sum allowed to the defendant for improvements, he or his personal representative may recover, at the determination of his estate, from the remainderman or reversioner, the value of such improvements, as they then exist, not exceeding the amount so paid by him and shall have a lien therefor on the premises, in like manner as if they had been mortgaged for the payment thereof, and may keep possession of such premises until it be paid.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-8. Exception as to Mortgagees and Trustees

Nothing in this article, nor anything in article four of this chapter, concerning rents, profits and improvements, shall extend or apply to any suit brought by a mortgagee, or a trustee in a trust deed to secure creditors, his heirs or assigns, against a mortgagor, or grantor in such trust deed, his heirs or assigns, for the recovery of the mortgaged premises or of the land conveyed by such trust deed.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-9. Plaintiff May Require His Estate Only to Be Valued -- by Entry on Record

When the defendant shall claim allowance for improvements, as before provided, the plaintiff may, by an entry on the record, require that the value of his estate in the premises, without the improvements, shall also be ascertained.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-10. Same -- How Estimated

The value of the premises, in such case, shall be estimated as it would have been at the time of the inquiry, if no such improvements had been made on the premises by the tenant or any person under whom he claims, and shall be ascertained in the manner hereinbefore provided for estimating the value of improvements.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-11. Same -- Relinquishment of Estate to Defendant at Value Ascertained

The plaintiff in such case, if judgment is rendered for him may, at any time during the same term, or before judgment or decree is rendered on the assessment of the value of the improvements, in person or by his attorney in the cause, enter on the record his election to relinquish his estate in the premises to the defendant at the value so ascertained, and the defendant shall thenceforth hold all the estate that the plaintiff had therein at the commencement of the suit, provided he pay therefor such value, with interest, in the manner in which the court may order it to be paid.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-12. Same -- Same -- How Value Paid; Sale of Land for Failure to Make Payments; Deficiency

The payments shall be made to the plaintiff, or into court for his use, and the land shall be bound therefor, and if the defendant fail to make such payments within or at the time limited therefor, respectively, the court may order the land to be sold, and the proceeds applied to the payment of such value and interest, and the surplus, if any, to be paid to the defendant; but if the proceeds be insufficient to satisfy such value and interest, the defendant shall not be bound for the deficiency.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-13. Same -- Same -- Disposition of Value When Party Under Disability

If the party by or for whom the land is claimed in the suit be a minor or insane, such value shall be deemed to be real estate, and be disposed of as the court may consider proper for the benefit of the persons interested therein.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 5. Allowance for Improvements › §55-5-14. Same -- Same -- Eviction of Defendant; Recovery of Amount Paid

If the defendant, or his heirs or assigns, shall, after the premises are so relinquished to him be evicted thereof by force of any better title than that of the original plaintiff, the person so evicted may recover from such plaintiff, or his representatives, the amount so paid for the premise, as so much money had and received by such plaintiff, in his lifetime, for the use of such person, with lawful interest thereon from the time of such payment.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 6. Recovery of Personal Property › §55-6-1. Immediate Recovery of Possession of Personal Property; Notice and Prejudgment Hearing

If the plaintiff in a civil action, whether in a circuit court or magistrate court, for the recovery of specific goods, chattels, or intangible personal property, shall demand immediate possession thereof, a prejudgment hearing shall be held in not less than five nor more than ten days after service upon the defendant of the summons, a verified complaint describing said personal property, and a notice of the time, place, and purpose of the prejudgment hearing. At the prejudgment hearing an inquiry shall be held to determine: (a) The nature of the right or contract under which the plaintiff claims a right to immediate possession; and (b) the nature of the defendant's right to retain possession thereof.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 6. Recovery of Personal Property › §55-6-2. Finding of Fact by Court or Magistrate; Bond; Order for Seizure

If the court or magistrate shall conclude, upon the basis of the evidence adduced at said prejudgment hearing, that there is a substantial probability that the plaintiff will prevail upon trial of the action upon the merits, the court or magistrate may order that, upon the plaintiff's execution of a bond, with good security to be approved by the clerk of the circuit court or the magistrate and delivered to said clerk or magistrate in a penalty at least double the value of the property claimed, payable to the defendant and with condition to pay all costs and damages which may be awarded against the plaintiff, or sustained by any person by reason of said civil action and to have the property so claimed forthcoming to answer any judgment or order of the court or magistrate in said civil action, the property claimed, or any part thereof described or designated by the court or magistrate, be seized by and taken into the possession of a designated officer.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 6. Recovery of Personal Property › §55-6-3. Seizure of Property by Officer

It shall be the duty of the officer to whom any such summons or order is delivered to proceed forthwith to execute the same; and he may, if necessary, break open and enter any house or other inclosure in which such property may be, in order to seize the same.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 6. Recovery of Personal Property › §55-6-4. Return of Property to Defendant Upon Execution of Bond

The defendant in any such action may have the property taken possession of by such officer, by virtue of such summons or order, returned to him at any time within three days after such taking, upon executing a bond with good security, to be approved by such officer, payable to the plaintiff, in a penalty at least double the value of such property, with condition to pay all costs and damages which may be awarded against him in such action, and all damages which may be sustained by any person by reason of the return of such property to him and to have the property forthcoming to answer any judgment or order of the court or justice respecting the same made at any time during the pendency of the action; which bond shall be delivered to such officer, and by him returned to the office of the clerk or justice who issued such summons or order. Upon the reception of such bond by the officer aforesaid, he shall forthwith return the property taken by him to the defendant; but in case no such bond be delivered to such officer within such three days, the property shall be delivered by an officer to the plaintiff.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 6. Recovery of Personal Property › §55-6-5. Exception to Sufficiency of Sureties

Either party may, upon reasonable notice to the other, except to the sufficiency of the sureties in the bond of such other party and the court, or the judge thereof in vacation, or the justice before whom such action is pending, may, upon the hearing of such exceptions, make such order in the premises as may seem just and equitable.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 6. Recovery of Personal Property › §55-6-6. Verdict and Judgment

Upon the final trial of any such action, if the verdict be for the plaintiff, and he be not already in the possession of the property claimed, the judgment shall be that he recover the possession of such property, if a recovery thereof can be had; and if not, that he recover the value thereof as found by such verdict; and, in either event, that he recover the damages assessed by the jury for the detention of such property, and his costs in such action. And it shall be the duty of the jury in such cases to ascertain and assess such damages as the plaintiff has sustained by reason of the detention of such property by the defendant. If the plaintiff be already in possession of such property, the judgment shall be that he retain the possession thereof, and for damages and costs, as aforesaid. In case the verdict at such trial be for the defendant, if the plaintiff be in possession of the property claimed, the judgment shall, in like manner, ascertain and assess the damages sustained by the defendant by reason of the detention of such property by the plaintiff and also the value of such property, and judgment shall be entered upon such verdict in all respects as is provided in case the verdict be for the plaintiff. If, on an issue concerning several things in one count, no verdict be found for part of them, it shall not be error, but the plaintiff shall be barred of his title to the things omitted; and if the verdict omit price or value, the court may at any time have a jury impaneled to ascertain the same.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-3. Unlawful Seizure or Attachment

If the property be distrained for any rent not due, or attached for any rent not accruing, or taken under any attachment sued out without good cause, the owner of such property may, in an action against the party suing out the warrant of distress or attachment, recover damages for the wrongful seizure, and also, if the property be sold, for the sale thereof.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-5. Action for Death by Wrongful Act

Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to murder in the first or second degree, or manslaughter. No action, however, shall be maintained by the personal representative of one who, not an infant, after injury, has compromised for such injury and accepted satisfaction therefor previous to his death. Any right of action which may hereafter accrue by reason of such injury done to the person of another shall survive the death of the wrongdoer, and may be enforced against the executor or administrator, either by reviving against such personal representative a suit which may have been brought against the wrongdoer himself in his lifetime, or by bringing an original suit against his personal representative after his death, whether or not the death of the wrongdoer occurred before or after the death of the injured party.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-7. Compromise of Claim for Death by Wrongful Act

The personal representative of the deceased may compromise any claim to damages arising under section five of this article before or after action brought. What is received by the personal representative under the compromise shall be treated as if recovered by him in an action under the section last mentioned. When the judge acts in vacation, he shall return all the papers in the case, and orders made therein, to the clerk's office of such court. The clerk shall file the papers in his office as soon as received, and forthwith enter the order in the order book on the law side of the court. Such orders, and all the proceedings in vacation, shall have the same force and effect as if made or had in term. Upon approval of the compromise, the court shall apportion and distribute such damages, or the compromise agreed upon, after making provisions for those expenditures, if any, specified in subdivision (2), subsection (c), section six of this article, in the same manner as in the cases tried without a jury.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-8. Personal Injury Action Where Injuries Result in Death

Where an action is brought by a person injured for damage caused by the wrongful act, neglect or default of any person or corporation, and the person injured dies as a result thereof, the action shall not abate by reason of his or her death but, his or her death being suggested, it may be revived in the name of his or her personal representative, and the complaint shall be amended so as to conform to an action under sections five and six of this article, and the case proceeded with as if the action had been brought under said sections. Additionally a separate and distinct cause of action may be brought, and if brought, shall be joined in the same proceeding for damages incurred between the time of injury and death where not otherwise provided for in said sections five and six. In either case there shall be but one recovery for each element of damages: Provided, That nothing in this section shall be construed in derogation of the provisions of section twelve of this article.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-8a. Actions Which Survive; Limitations; Law Governing Such Actions

(a) In addition to the causes of action which survive at common law, causes of action for injuries to property, real or personal, or injuries to the person and not resulting in death, or for deceit or fraud, also shall survive; and such actions may be brought notwithstanding the death of the person entitled to recover or the death of the person liable.
(b) If any such action is begun during the lifetime of the injured party, and within the period of time permissible under the applicable statute of limitations as provided by articles two and two-a of this chapter, (either against the wrongdoer or his personal representative), and such injured party dies pending the action it may be revived in favor of the personal representative of such injured party and prosecuted to judgment and execution against the wrongdoer or his personal representative.
(c) If the injured party dies before having begun any such action and it is not at the time of his death barred by the applicable statute of limitations under the provisions of articles two and two-a of this chapter, such action may be begun by the personal representative of the injured party against the wrongdoer or his personal representative and prosecuted to judgment and execution against the wrongdoer or his personal representative. Any such action shall be instituted within the same period of time that would have been applicable had the injured party not died.
(d) If any such action mentioned in the preceding subsections (a), (b) and/or (c) shall have been begun against the wrongdoer and he or she dies during the pendency thereof, it may be revived against the personal representative of the wrongdoer and prosecuted to judgment and execution.
(e) The applicable provisions of article eight, chapter fifty-six of this code shall govern the actions hereinabove mentioned, with reference to their abatement, revival, discontinuance, reinstatement and substitution of parties.
(f) Nothing contained in this section shall be construed to extend the time within which an action for any other tort shall be brought, nor to give the right to assign a claim for a tort not otherwise assignable.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-9. Violation of Statutes

Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such violation be thereby imposed, unless the same be expressly mentioned to be in lieu of such damages.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-11. Suits Against Unincorporated Common Carriers

Where common carriers are not incorporated, any one or more of them may be sued by his or their name or names only, to recover damages for loss of, or injury to, any parcel, package, or person; and such suit shall not abate for the want of joining any of the coproprietors, or copartners.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-12. Liability of One Joint Tort-Feasor Not Affected by Release To, or Accord and Satisfaction With, Another

A release to, or an accord and satisfaction with, one or more joint trespassers, or tort-feasors, shall not inure to the benefit of another such trespasser, or tort-feasor, and shall be no bar to an action or suit against such other joint trespasser, or tort-feasor, for the same cause of action to which the release or accord and satisfaction relates.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-13a. Modified Comparative Fault Standard Established

(a) For purposes of this article, "comparative fault" means the degree to which the fault of a person was a proximate cause of an alleged personal injury or death or damage to property, expressed as a percentage. Fault shall be determined according to section thirteen-c of this article.
(b) In any action based on tort or any other legal theory seeking damages for personal injury, property damage, or wrongful death, recovery shall be predicated upon principles of comparative fault and the liability of each person, including plaintiffs, defendants and nonparties who proximately caused the damages, shall be allocated to each applicable person in direct proportion to that person's percentage of fault.
(c) The total of the percentages of comparative fault allocated by the trier of fact with respect to a particular incident or injury must equal either zero percent or one hundred percent.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-13b. Definitions

As used in this article:
"Compensatory damages" means damages awarded to compensate a plaintiff for economic and noneconomic loss.
"Defendant" means, for purposes of determining an obligation to pay damages to another under this chapter, any person against whom a claim is asserted including a counter-claim defendant, cross-claim defendant or third-party defendant.
"Fault" means an act or omission of a person, which is a proximate cause of injury or death to another person or persons, damage to property, or economic injury, including, but not limited to, negligence, malpractice, strict product liability, absolute liability, liability under section two, article four, chapter twenty-three of this code or assumption of the risk.
"Plaintiff" means, for purposes of determining a right to recover under this chapter, any person asserting a claim.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-14. Liability of Visual or Sound Broadcasting Stations for Defamatory Statements

The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee or operator, or agent or employee thereof, unless it shall be alleged and proved by the complaining party, that such owner, licensee, operator or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.
In no event, however, shall any owner, licensee or operator or the agents or employees of any such owner, licensee or operator of such a station or network of stations be held liable for any damages for any defamatory statement uttered over the facilities of such station or network by any legally qualified candidate for public office.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-15. Aid to Victim of Accident, Emergency, or Disaster; Immunity From Civil Liability, Definitions

(a) A person, including, without limitation, trained, licensed, or certified professionals, or an entity who in good faith renders or provides emergency care, or assistance at the scene of an accident, emergency, or disaster, voluntarily and without remuneration, may not be liable for any civil damages as the result of any act or omission at the scene in rendering, or providing emergency care or assistance.
(b) For purposes of this section, the term "emergency" means any instance where a person suffers from a medical condition requiring immediate treatment due to natural causes, accident, or crime.
(c) For purposes of this section, "disaster" has the same meaning as that term is defined in 15-5-2 of this code.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 7. Actions for Injuries › §55-7-16. Immunity From Liability for Ski Patrol Rendering Emergency Care

(a) A member in good standing of a national ski patrol system who, without compensation, provides emergency aid or assistance to an injured or ill person at the scene of a ski resort rescue operation, outdoor emergency rescue operation or while otherwise performing ski patrol or while transporting an injured or ill person to a place for transfer to an available emergency medical center or hospital as the result of being on ski patrol, may not be held liable for civil damages for any alleged act or omission which is claimed to have occurred during the rendering of the emergency aid or assistance. The limitation of liability established by the provisions of this section apply to acts or omissions rendered in good faith.
(b) For the purposes of this section, a national ski patrol system is a national organization whose members are volunteers and do not receive compensation and are required to obtain training in safety and emergency medical treatment.
(c) For purposes of this section, the term "compensation" does not include access to a recreational facility, complimentary lift tickets, food, lodging or other gifts or discounts that may be offered or accessible to a person.