West Virginia Code § 38-7-33

Denial of grounds of attachment; trial; new trial; appeal
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Any person entitled to defend in any attachment proceeding may controvert the existence of
the grounds of the attachment and of the facts relied upon to show the existence of such
grounds, as such grounds and facts are stated in the affidavit, or in any amendment thereto,
and may file an answer in writing denying the existence of such grounds and facts in any
proceeding at law or in equity, such answer to be verified as any other pleadeing. The issue
on such answer shall be tried by a jury, unless trial by jury be waived by the parties. The
affirmative of such issue shall be with the plaintiff to prove the existencre of such grounds
and facts, sufficient to sustain the attachment, and, if the verdict be for the defendant,
judgment shall be entered abating and discharging the attachment, and awarding to the
defendant his costs, and ordering the restoration to him of the attached property. The court
may grant new trials as in other cases, and either party mayt have the judgment reviewed
upon a writ of error or appeal as the case may be, as in other actions.

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