§56-6-26. How verdict may be affected by faulty count.
When there are several counts in a declaration, one or more of
which are faulty, the defendant may demur to the faulty count or
counts, or move the court to instruct the jury to disregard them.
If he does neither, and entire damages be found, judgment shall be
entered against the defendant for the damages found, if any count
be good, although others be faulty, unless the court can plainly
see that the verdict could not have been found on the good count.
If he demurs to the faulty count, or moves the court to instruct
the jury to disregard it, and his demurrer or motion is overruled,
and entire damages be found, and it cannot be seen on which count
the verdict was founded, if the jury has been discharged the
verdict shall be set aside, but if it is manifest that the verdict
could not have been found on the bad count, the verdict shall be
allowed to stand. If the jury has not been discharged, the court
shall send it back with instructions to designate on which count of
the declaration its verdict is found.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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