WVC 38 - 7 - 21
§38-7-21. Return and filing of forthcoming bond or bond to
perform judgment; exceptions to bond.
Every bond given under the provisions of the preceding
section of this article shall be returned by the officer to, and
filed by, the clerk of the court in which the suit is pending, or
to which the attachment is returnable; and the plaintiff may,
within thirty days after the return thereof, file exceptions to
the same, or to the sufficiency of the security therein. If such
exceptions be sustained, the court shall rule such officer to
file a good bond, with sufficient security, to be approved by it,
on or before a certain day to be fixed by the court. If he fail
to do so, he and his sureties in his official bond shall be
liable to the plaintiff as for a breach of such official bond.
But the officer shall have the same rights and remedies against
the parties to any bond so adjudged bad, as if he were a surety