§55-4-8. Service of declaration and notice; order of publication.
To such declaration there shall be subjoined a written or
printed notice by the plaintiff, or his attorney, addressed to the
defendant and notifying him that such declaration will be filed on
some specified rule day, in the clerk's office of the court in
which the action is to be prosecuted, or in such court on some day
named at the next term thereof, and that if he fails to appear and
plead thereto, within the time required by law, judgment will be
given against him. Such declaration and notice may be served in
the same manner as other notices may by law be served. But if the
defendant do not reside in the county where the action is brought,
or cannot be found therein, such service may be made in any part of
the state where he may reside or be found; and if he do not reside
in the state, or cannot be found therein, so that such service
cannot be made, an order of publication, as provided by law in
other cases, may be awarded against him, and all the laws in force
in relation to judgments and decrees obtained on publication and
proceedings in such cases shall be applicable to the proceedings
and judgment had and rendered in such action on such publication.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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