§55-3-1. Issuance of summons.
If any forcible or unlawful entry be made upon any land,
building, structure, or any part thereof, or if, when the entry is
lawful or peaceable, the tenant shall detain the possession of any
land, building, structure, or any part thereof after his right has
expired, without the consent of him who is entitled to the
possession, the party so turned out of possession, no matter what
right or title he had thereto, or the party against whom such
possession is unlawfully detained, may, within three years after
such forcible or unlawful entry, or such unlawful detainer, sue out
of the clerk's office of the circuit court, or of any court of
record empowered to try common-law actions, of the county in which
the land, building, structure, or some part thereof may be, a
summons against the defendant to answer the complaint of the
plaintiff that the defendant is in the possession of, and
unlawfully withholds from the plaintiff, the premises in question
(describing the same with convenient certainty), to the damage of
the plaintiff in such sum as the plaintiff shall state; and no
other declaration shall be required.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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