§59-2-5. Payment of costs on granting of new trial or
New trials may be granted upon the payment of costs, or with
the costs to abide the event of the suit, as to the court may seem
right. If the party who is to pay the costs of the former trial
fail to pay the same at or before the next term after the new trial
is granted, the court may, on the motion of the opposite party, set
aside the order granting it and proceed to judgment on the verdict,
or award execution for such costs, as may seem to it best. Where
a case is continued at the costs of a party against the consent of
the opposite party, the court may, in its discretion, award an
execution for the costs of such continuance.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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