§56-3-23. Service by publication generally.
On affidavit that a defendant is a foreign corporation for
which no statutory attorney-in-fact, officer, director or agent is
found in this state upon whom service may be had, or is not a
resident of this state, or that diligence has been used by or on
behalf of the plaintiff to ascertain in what county he is, without
effect, or that process, directed to the officer of the county in
which he resides or is, has twice been delivered to such officer
more than ten days before the return day, and been returned without
being executed, an order of publication may be entered against such
defendant. And in any suit in equity, where the bill states that
there are or may be persons interested in the subject to be divided
or disposed of, whose names are unknown, and makes such persons
defendants by the general description of parties unknown, on
affidavit of the fact that such parties are unknown, an order of
publication may be entered against such unknown parties. Any order
of publication under this section may be entered either in court or
by the clerk at any time. In a proceeding by petition, there may
be an order of publication in like manner as in a suit in equity.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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