§56-8-8. When suit discontinued unless revived.
If the committee, personal representative, heirs, or devisees
of the plaintiff or appellant who was a party, or of the decedent
whose committee, guardian, or personal representative was plaintiff
or appellant, or other person now or hereafter entitled to be
substituted under the provisions of this article for a party
plaintiff or appellant, shall not make such motion or apply for
such scire facias at or before the second term of the court next
after that at which there may have been a suggestion on the record
of the fact making such scire facias or motion proper, the suit of
such plaintiff or appellant shall be discontinued, unless good
cause be shown to the contrary.
Note: WV Code updated with legislation passed through the 2012 1st Special Session