§56-8-7. Proceedings after revival against defendant whose powers
Where the party whose powers cease is defendant, the plaintiff
may continue his suit against him to final judgment or decree; but
he shall not at law proceed in the same action against such
defendant and his successor, nor shall he in equity proceed against
both upon his previous bill, unless an order that the suit proceed
against the former party be entered at the first term after service
of a scire facias for or against such successor, or at the same
term at which a motion to revive is made under the provisions of
section five of this article in lieu of a scire facias.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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