§53-7-6. Discharge of defendant or bond.
If the defendant give such bond, or be committed to jail for
want of it, the court in which the case is pending, or the judge
thereof in vacation, may, after reasonable notice to the plaintiff,
or his attorney, quash the order and discharge the defendant from
custody, or discharge the bond, on being satisfied that the order
was wrongfully obtained; and, whether the order was so obtained or
not, may discharge him from custody when the plaintiff is cast in
the action, proceeding or suit.
Note: WV Code updated with legislation passed through the 2012 1st Special Session