§56-6-9. Case not to be discontinued by failure to sign judgment.
When a defendant has demurred to, filed a plea to, or
otherwise put in issue, a part of the plaintiff's claim and has
left the residue of such claim unanswered, the case shall in no
event be discontinued merely because the plaintiff has failed to
sign judgment as to the unanswered residue; but the plaintiff may,
at any term of court at or after which such demurrer or plea is
filed or such part of the plaintiff's claim is otherwise put in
issue, before or after trial of the issue as to the part answered,
provided the case shall not have been discontinued under some other
provision of law, take judgment by nil dicit as to such unanswered
Note: WV Code updated with legislation passed through the 2015 Regular Session
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