WVC 38 - 7 - 44
§38-7-44. Judgment on rehearing; costs.
On any rehearing or new trial had under the preceding
section of this article, if the judgment or decree be for the
defendant, the court may order the plaintiff in the original
suit, or his personal representative, to restore any money paid
him under his judgment or decree therein, with interest from the
date of such order, to the defendant, or his personal
representative, entitled thereto, and may enter a judgment or
decree against such plaintiff therefor, and, if the defendant, or
his personal representative, fail to recover on such rehearing or
new trial, the original judgment or decree shall be confirmed;
and in either case the costs shall be adjudged to the prevailing
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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