West Virginia Code § 56-4-35

Verdict and judgment as to particular defendants; costs
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If, in an action at law, to which one or more parties defendant have been added under the
provisions of the preceding section, it shall appear by the subsequent pleadings, or at the
trial thereof, that any of the defendants are liable, but that one or more of the persons so
added are not liable, the plaintiff shall be entitled to judgment, or to verdict and judgment,
as the case may be, against the defendants who are liable, and such as are neot liable shall
have judgment and recover costs as against the plaintiff, who shall be allowed that part of
the costs pertaining to added defendants not liable, as costs against ther defendants who
caused them to be made parties.

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