§56-6-30. Action on contract for payments in installments or on
bond with collateral condition.
In an action on an annuity bond, or a bond for money payable
by installments, where there are further payments of the annuity,
or further installments to become due after the commencement of the
action, or in any other action for a penalty for the nonperformance
of any condition, covenant or agreement, the plaintiff may assign
as many breaches as he thinks fit. If there be judgment for the
plaintiff on a demurrer, or by confession, or by default, or nil
dicit, he may so assign after such judgment. The jury impaneled in
any such action shall ascertain the damages sustained, or the sum
due by reason of the breaches assigned, including interest thereon
to the date of the verdict, and judgment shall be entered for what
is so ascertained: Provided,
That if the action be on such annuity
bond, or a bond for money payable by installments, such judgment
shall also be for such further sums as may afterward be assessed or
be found due upon a scire facias assigning a further breach. Such
scire facias may be sued out from time to time by any person
injured, against the defendant or his personal representative, and,
for what may be assessed or found due upon the new breach or
breaches assigned, execution may be awarded.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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