§55-6-6. Verdict and judgment.
Upon the final trial of any such action, if the verdict be for
the plaintiff, and he be not already in the possession of the
property claimed, the judgment shall be that he recover the
possession of such property, if a recovery thereof can be had; and
if not, that he recover the value thereof as found by such verdict;
and, in either event, that he recover the damages assessed by the
jury for the detention of such property, and his costs in such
action. And it shall be the duty of the jury in such cases to
ascertain and assess such damages as the plaintiff has sustained by
reason of the detention of such property by the defendant. If the
plaintiff be already in possession of such property, the judgment
shall be that he retain the possession thereof, and for damages and
costs, as aforesaid. In case the verdict at such trial be for the
defendant, if the plaintiff be in possession of the property
claimed, the judgment shall, in like manner, ascertain and assess
the damages sustained by the defendant by reason of the detention
of such property by the plaintiff and also the value of such
property, and judgment shall be entered upon such verdict in all
respects as is provided in case the verdict be for the plaintiff.
If, on an issue concerning several things in one count, no verdict
be found for part of them, it shall not be error, but the plaintiff
shall be barred of his title to the things omitted; and if the
verdict omit price or value, the court may at any time have a jury
impaneled to ascertain the same.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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