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Current as of January 01, 2024 | Updated by FindLaw Staff
If a defendant against whom a judgment is entered in the office, whether an order for an inquiry of damages has been made therein or not, shall, before the end of the term at which it becomes final, appear and plead to issue, and shall, in the cases mentioned in the next preceding section in which an affidavit is required, file such affidavit with his plea, the judgment shall be set aside; but if the judgment has been entered up in court or the order for an inquiry of damages has been executed, it shall not be set aside without good cause be shown therefor. Any such issue may be tried at the same term, unless the defendant show by affidavit, filed with the papers, good cause for a continuance. But the plaintiff shall have the right to cross-examine the defendant upon the matters contained in such affidavit.
Cite this article: FindLaw.com - West Virginia Code Chapter 56. Pleading and Practice § 56-4-52. Setting aside office judgment; trial - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-56-pleading-and-practice/wv-code-sect-56-4-52/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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