§6-3-4. Judgment on motion against officer or deputy and sureties.
If any officer or his deputy shall make such return upon any
order, warrant, or process issued by a court, or the judge or clerk
thereof, as entitles any person to recover money from such officer
by action, the court to which, or to the clerk's office of which,
such return is made, may, on a motion on behalf of such person,
give judgment against such officer and his sureties, and against
his and their personal representatives, for so much principal and
interest as would, at the time such return ought to have been made,
be recoverable by such action, with interest thereon at the rate of
not less than six nor more than fifteen percent per annum (as the
court may deem proper) from that time until payment. Where such
return is by deputy, there may also be a like motion and judgment
against such deputy and his sureties, and against his and their
Note: WV Code updated with legislation passed through the 2016 Regular Session
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