§56-3-27. Order of publication in supreme court of appeals.
When, by the return of any officer of process issued to answer
any appeal, writ of error or supersedeas pending in the supreme
court of appeals of this state, or when, from affidavit filed with
the clerk of said court, it shall appear that any appellee or
defendant in error therein 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 the name or place of residence of such party is
unknown, so that process cannot be served upon him, it shall be the
duty of such clerk, upon application, to take and issue, on the
first Monday in any month, an order of publication against such
absent or unknown party or foreign corporation, requiring him or it
to appear on a day to be designated in such order, to answer such
appeal, writ of error or supersedeas and to have a rehearing of the
whole matter therein contained.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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