There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 56. PLEADING AND PRACTICE
ARTICLE 4. RULES AND PLEADING.
§56-4-35. Verdict and judgment as to particular defendants; costs.
§56-4-35. Verdict and judgment as to particular defendants; costs.If, in an action at law, to which one or more parties defendant have been added under the provisions of the preceding section, it shall appear by the subsequent pleadings, or at the trial thereof, that any of the defendants are liable, but that one or more of the persons so added are not liable, the plaintiff shall be entitled to judgment, or to verdict and judgment, as the case may be, against the defendants who are liable, and such as are not liable shall have judgment and recover costs as against the plaintiff, who shall be allowed that part of the costs pertaining to added defendants not liable, as costs against the defendants who caused them to be made parties.
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