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Home » US Law » 2022 West Virginia Code » Chapter 53. Extraordinary Remedies » Article 7. Arrests in Civil Cases

§53-7-1. Order for Arrest — Affidavit; Grounds for Arrest

An order for the arrest of a defendant in any action or proceeding at law or suit in equity may be made by the court in which the action, proceeding or suit is pending, or by the judge or clerk thereof in vacation, upon the affidavit of the plaintiff or any credible person showing to […]

§53-7-2. Same — by Whom Made; Plaintiff to Give Bond

When sufficient cause shall be shown for the arrest of a defendant as aforesaid such court, judge or clerk shall make an order directing the defendant to be arrested and held to bail for such sum as the said court, judge or clerk shall think fit, and the plaintiff shall thereupon deliver to the clerk […]

§53-7-3. Same — Issuance; Form

Upon the delivery of the bond mentioned in the preceding section, the clerk shall issue an order for the arrest of the defendant in form or in substance as follows: A…………………………………. B………………………………., Plaintiff, vs.Order of arrest. C…………………………………. D………………………………., Defendant, To the sheriff of the county of …………………..: You are hereby required, in the name of […]

§53-7-4. Arrest and Commitment Unless Bond Given by Defendant

Under such order, the defendant against whom it issues shall be arrested and committed to jail, unless bond be given in the sum specified therein, with sufficient security, conditioned that, in case there shall in the action, proceeding or suit be any judgment, decree or order on which a writ of fieri facias may issue, […]

§53-7-6. Discharge of Defendant or Bond

If the defendant give such bond, or be committed to jail for want of it, the court in which the case is pending, or the judge thereof in vacation, may, after reasonable notice to the plaintiff, or his attorney, quash the order and discharge the defendant from custody, or discharge the bond, on being satisfied […]

§53-7-7. Interrogatories to Defendant in Custody; Discharge of Defendant

While a defendant is in custody, the plaintiff, without having a judgment or decree against the defendant, may file interrogatories to him in like manner as might be done under sections one, two and three, article five, chapter thirty-eight of this code, if such judgment or decree had been obtained and a fieri facias thereon […]

§53-7-8. Conveyance or Other Disposition of Property

The officer making the arrest shall be the officer to whom the conveyance shall be made: Provided, That if for any reason it cannot or should not be made to him it shall be made to such other officer as the court or judge may direct. The interrogatories, answers and report of the commissioner shall […]