§56-6-32. Recovery against one or more contract defendants.
In an action or motion, founded on contract, against two or
more defendants, the fact that one or more of the defendants, at
any stage of the cause or for any reason, is found not liable on
the contract shall not prevent the plaintiff from having, as if the
motion or action were an action founded on tort, verdict and
judgment, or judgment alone, as the case may be, against any other
defendant or defendants who are liable; nor shall the fact that a
verdict is set aside as to one or more of the defendants in such
action or motion as contrary to the evidence prevent the plaintiff
from having judgment on such verdict as to any other defendant or
defendants found liable thereby.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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