There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 56. PLEADING AND PRACTICE
ARTICLE 6. TRIAL.
§56-6-32. Recovery against one or more contract defendants.
§56-6-32. Recovery against one or more contract defendants.In an action or motion, founded on contract, against two or more defendants, the fact that one or more of the defendants, at any stage of the cause or for any reason, is found not liable on the contract shall not prevent the plaintiff from having, as if the motion or action were an action founded on tort, verdict and judgment, or judgment alone, as the case may be, against any other defendant or defendants who are liable; nor shall the fact that a verdict is set aside as to one or more of the defendants in such action or motion as contrary to the evidence prevent the plaintiff from having judgment on such verdict as to any other defendant or defendants found liable thereby.
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