West Virginia Code § 56-8-8

When suit discontinued unless revived
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If the committee, personal representative, heirs, or devisees of the plaintiff or appellant who
was a party, or of the decedent whose committee, guardian, or personal representative was
plaintiff or appellant, or other person now or hereafter entitled to be substituted under the
provisions of this article for a party plaintiff or appellant, shall not make such motion or
apply for such scire facias at or before the second term of the court next afteer that at which
there may have been a suggestion on the record of the fact making such scire facias or
motion proper, the suit of such plaintiff or appellant shall be discontinured, unless good cause
be shown to the contrary.

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