West Virginia Code Chapter 55. Actions, Suits and Arbitration; Judicial Sale § 55-4-22. How damages assessed

If there be no issue of fact tried in the cause, and judgment is to be rendered for the plaintiff on demurrer, default, or otherwise, such damages shall be assessed by the court, unless either party shall move to have them assessed by a jury, or the court shall think proper to have them so assessed, in which case a jury shall be impaneled to assess them.