§55-4-22. How damages assessed.
If there be no issue of fact tried in the cause, and judgment
is to be rendered for the plaintiff on demurrer, default, or
otherwise, such damages shall be assessed by the court, unless
either party shall move to have them assessed by a jury, or the
court shall think proper to have them so assessed, in which case a
jury shall be impaneled to assess them.
Note: WV Code updated with legislation passed through the 2012 1st Special Session