§59-2-3. New bond.
On motion of an obligor in such bond, after reasonable notice
to the plaintiff, his attorney or agent, the court may order a new
bond to be given, with sufficient security, conforming to all the
requirements of the preceding section, in a penalty equal to the
penalty of the former bond. If the bond required under this
section be not given within such time as the court may prescribe,
it may order the suit to be dismissed. If such new bond be given,
the surety in the former one shall be relieved from any liability
he might have incurred because of having executed or acknowledged
the same. After the notice has been given to the plaintiff, his
attorney or agent, no further proceedings shall be had in such
cause, until such new bond is given with sufficient security, or a
sufficient excuse is given for not executing the same.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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