WVC 38 - 7 - 11
§38-7-11. Exceptions to plaintiff's bond.
Any defendant in the case, or any person interested in the
property so attached, who shall consider the bond so given not
proper in form, or the penalty or security insufficient, may
apply at once, by petition to the court from which the attachment
issued, if in session, and if not, to the judge thereof, in
vacation, and shall be permitted to except to such bond, on any
or all grounds aforesaid, and if any of such exceptions be
sustained, the attached property shall be returned to the person
from whom it was taken by the officer and the attachment shall be
quashed unless the plaintiff shall within such time as the court
shall prescribe, give a proper bond, in a sufficient penalty and
with surety sufficient, all to be approved by the court or judge
hearing the exceptions. If such new bond be not given, the
principal and surety in such original bond, who signed the same,
shall be liable to any person who shall suffer any damage by
reason of the suing out and levy of such attachment, to the
extent of the penalty thereof.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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