West Virginia Code § 59-2-12

Costs when case dismissed for want of jurisdiction
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In any instance where a case, an appeal, writ of error or supersedeas shall be dismissed for
want of jurisdiction, the court shall render judgment against the party who improperly
invoked the jurisdiction of the court for all costs, whether accruing in the trial court or in
any appellate court, which result from such wrongful invoking of the jurisdiction, provided
they be otherwise properly chargeable against him e

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