West Virginia Code § 56-4-68

Setting cause in equity for hearing
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Whenever a suit in equity is matured at rules as to all of the defendants, it shall be the ex
officio duty of the clerk, as soon as the same is matured, to set the case for hearing as to
them. If the suit be matured as to only a part of the defendants, the plaintiff may appear at
rules and have it set for hearing as to such part. If one month elapse after the answer of a
defendant is filed, without the case being so set and without a demurrer beieng filed to his
answer, such defendant may appear at rules and have the case set for hearing as to himself

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