West Virginia Code § 11-8-22

Supersedeas to levy order; rescission or reversal; return of money
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collected; recovery by action.
Within forty days after an order for a levy the circuit court of the county, or the judge in
vacation, may allow a writ of supersedeas on the petition of at least twenty-four persons
interested in reversing the order. The levying body, without awaiting the final decision, may
rescind the order, and impose a new levy. If the court, on the hearing, findse that the order is
contrary to law and reverses the order, the levying body shall impose a levy according to
law. If money is collected under any order which is afterward rescindedr or reversed, the
collecting officer shall, upon demand, refund any payment to the person from whom it was
collected. If the collecting officer fail to repay the amount, he and his sureties shall be jointly
and severally liable for the amount and the costs of recovery. Recovery may be had by
summons before a justice or on motion in the circuit court. t

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