CHAPTER 56. PLEADING AND PRACTICE.
ARTICLE 10. MISCELLANEOUS PROVISIONS RELATING TO PROCEDURE.
A defendant in an action brought against him for the recovery
of money which he does not wish to defend, but which money is
claimed by some third person, or for the recovery of the possession
of personal property to which he makes no claim, but which is
claimed by a third person, may file his affidavit stating the facts
in relation thereto, and that he does not collude with such third
person but is ready to pay the money claimed, or deliver the
property, to the owner thereof, as the court may direct, and the
court may thereupon make an order requiring such third person to
appear and state the nature of his claim, and maintain or
relinquish the same, and may in the meantime stay the proceedings
in such action. If such third person, on being served with a copy
of such order, shall not appear, the court may, on proof of the
plaintiff's right, render judgment for him, and declare such third
person to be forever barred of any claim in respect of the subject
matter, either against the plaintiff or the original defendant, or
his personal representative. If such third person, on being so
served, shall appear, the court shall allow him to make himself
defendant in the action and, either in such action or otherwise,
cause such issue or issues to be tried as it may prescribe, and may
direct which party shall be considered the plaintiff in the issues;
and shall give judgment upon the verdict rendered or, if a jury be
waived by the parties interested, shall determine their claims in
a summary way. The court may also make such order for the
disposition of the money or property which is the subject matter of
the action, pending the same, as to it may seem proper, and may enter judgment as to costs as may be just and proper.
§56-10-2. Who may execute bonds required in suits.
A bond for obtaining any writ or order, in term or vacation,
may be executed by any person with sufficient surety, though
neither of the obligors be a party to the case.
§56-10-3. Recovery of damages for detention of property after
When a judgment for specific personal property is affirmed by
an appellate court, or an injunction to such judgment is dissolved,
the person who is entitled to execution of such judgment, or who
would be entitled if execution had not been had, may, on motion to
the court from which such execution has issued, or might issue,
after twenty days' notice to the defendant or his personal
representative, have a jury impaneled to ascertain the damages
sustained by reason of the detention of such property subsequent to
such judgment; or if it was on a verdict, subsequent to such
verdict; and judgment shall be rendered for the damages so
ascertained, if any.
WVC 56 - 10 - 4
Acts, 2002 Reg. Sess., Ch. 80.
§56-10-5. Partition of goods or chattels.
When an equal division of goods or chattels cannot be made in
kind among those entitled, a court of equity may direct the sale of
the same and the distribution of the proceeds according to the
rights of the parties.
§56-10-6. Affidavits by corporations and agents.
An affidavit by or for a corporation may be made by its
president, vice president, general manager, cashier, treasurer, or
a director, without any special authorization therefor, or by any
person authorized by a majority of its stockholders or directors to
make the same; and when an affidavit is made by any person other
than the principal authorized by law to make it, such person shall
be deemed to have been the agent of the person so authorized until
the contrary is made to appear.
§56-10-7. Right of circuit judge to hold hearings and enter
orders in any county of circuit unless objection
filed; jury cases excepted.
In any (a) appeal from or to review the judgment, order or
ruling of any court of record or administrative agency, (b) appeal
from a justice of the peace court, (c) ex parte proceeding, (d)
adoption proceeding, (e) change of name proceeding, (f) summary
procedure or proceeding, (g) eminent domain proceeding, (h)
juvenile proceeding, (i) action wherein an extraordinary remedy is
sought, such as mandamus, prohibition, certiorari, habeas corpus,
quo warranto, or information in the nature of quo warranto, and (j)
civil action instituted under the Rules of Civil Procedure for
Trial Courts of Record, the judge of a judicial circuit may hold
hearings, including but not limited to pretrial conferences, and
enter orders in any county of his circuit although he is not
physically present in the county in which such action, appeal or
proceeding was instituted or is pending, unless there is objection
thereto in writing, filed by one of the parties prior to such
hearing or the entry of such order: Provided,
That in any appeal,
action or proceeding in which a jury trial has been demanded or
exists as a matter of right, trial by jury shall be held only in
the county wherein such appeal, action or proceeding is pending.
WVC 56 - 10 - 8
§56-10-8. Priority of cases involving placement of children.
Any action or motion which involves a contested issue
regarding the permanent or temporary placement of a minor child
shall be given priority over any civil action before the court
except actions in which trial is in progress and actions brought
under article twenty-seven, chapter forty-eight of this code and
shall be docketed immediately upon filing.