§55-3-1. Issuance of summons.
If any forcible or unlawful entry be made upon any land, building, structure, or any part thereof, or if, when the entry is lawful or peaceable, the tenant shall detain the possession of any land, building, structure, or any part thereof after his right has expired, without the consent of him who is entitled to the possession, the party so turned out of possession, no matter what right or title he had thereto, or the party against whom such possession is unlawfully detained, may, within three years after such forcible or unlawful entry, or such unlawful detainer, sue out of the clerk's office of the circuit court, or of any court of record empowered to try common-law actions, of the county in which the land, building, structure, or some part thereof may be, a summons against the defendant to answer the complaint of the plaintiff that the defendant is in the possession of, and unlawfully withholds from the plaintiff, the premises in question (describing the same with convenient certainty), to the damage of the plaintiff in such sum as the plaintiff shall state; and no other declaration shall be required.
Notes of Decisions
Cited in
11
cases, 1978–2020 · leading case:
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978).
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978).
· cites it 3× “detain[s] the possession of any land, building, structure, or any part thereof after his right has expired ...” At common law, under the property principles discussed above, the landlord would prevail upon a mere showing that rent was not paid according to the lease and that…”
Tribeca Lending Corp. v. James E. McCormick, 745 S.E.2d 493 (W. Va. 2013).
· cites it 7× “On September 25, 2009, the circuit court 4 W.Va. Code § 55-3-1 [1923] permits the bringing of an unlawful detainer action: If any forcible or unlawful entry be made upon any land, building, structure, or any part thereof, or if, when the entry is lawful or peaceable, the tenant…”
Ray v. Hey, 396 S.E.2d 702 (W. Va. 1990).
· cites it 2× “Both of these actions are statutorily defined and carry specific venue provisions requiring that they be brought in the county where the disputed property is located.”
State Ex Rel. Bay v. Marshall, 714 S.E.2d 331 (W. Va. 2011).
· cites it 2× “See West Virginia Code § 55-3-1(1923) (Repl.Vol.2008). However, the October 6, 2010, Wood County Magistrate Court Order references this matter as a wrongful occupation claim.”
Napier v. Napier, 564 S.E.2d 418 (W. Va. 2002).
· cites it 2× “Other remedies for seeking repossession of real property include an unlawful entry or detainer proceeding under W.Va.Code § 55-3-1 et seq., and an ejectment action under W.”
Cordell v. Jarrett, 301 S.E.2d 227 (W. Va. 1982).
“Except as the same may be in conflict with the provisions of this chapter, the provisions of article three [§ 55-3-1 et seq.], chapter fifty-five of this Code, regarding unlawful entry and detainer, shall apply to such actions in magistrate court.”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1979).
· cites it 3× “detain[s] the possession of any land, building, structure, or any part thereof after his right has expired . . ." At common law, under the property principles discussed above, the landlord would prevail upon a mere showing that rent was not paid according to the lease and that…”
Reed v. Sell (N.D.W. Va. 2017).
· cites it 2× “W. Va. Code § 55-3-1 . The gravamen of Reed’s second amended complaint is not that the state failed to provide sufficient process, but rather that the defendants failed to utilize “the appropriate judicial process, or otherwise provid[e] her with reasonable notice of the…”
W. Va. Code § 55-3-1(1923): 1 case
State Ex Rel. Bay v. Marshall, 714 S.E.2d 331 (W. Va. 2011).
“See West Virginia Code § 55-3-1(1923) (Repl.Vol.2008). However, the October 6, 2010, Wood County Magistrate Court Order references this matter as a wrongful occupation claim.”
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