There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 59. FEES, ALLOWANCES AND COSTS
ARTICLE 2. COSTS GENERALLY.
§59-2-11. Laws as to costs not deemed penal; discretion of court of equity as to costs; costs in appellate courts.
§59-2-11. Laws as to costs not deemed penal; discretion of court
of equity as to costs; costs in appellate courts.The laws of costs shall not be interpreted as penal laws; nor shall anything in this article take away or abridge the discretion of a court of equity over the subject of costs, except that in every case in an appellate court costs shall be recovered in such court by the party substantially prevailing.
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