WVC 14 - 1 - 3
§14-1-3. Parties defendant; form of judgment.
The action or motion at law may be against any person
indebted or liable in any way whatever to the state, his sureties
and his and their personal representatives, or any one or more of
them. But a judgment against a personal representative shall
only bind him to the extent to which he is accountable for assets
of the estate which he represents. If several defendants be
proceeded against jointly, judgments may be rendered against any
one of them shown to be liable and the proceeding be dismissed as
to the others, or judgments rendered in their favor, or the case
continued as to them for service of process or notice or other
cause. Any party dismissed for want of service or process may be
subsequently sued and an unsatisfied judgment against one or more
of several persons jointly liable shall not be a bar to any
subsequent proceedings against the others.