The judgment entered by the clerk under the provisions of the preceding section shall be in the following form or to the following effect:
Whereas on the ......... day of ........., 19....., a judgment (or decree or order) was rendered by the ............. court of ................ County, West Virginia, in favor of ..............., and against ..............., for the principal sum of ............... dollars, upon which an execution was, on the .......... day of ........, 19 ....., issued and placed in the hands of ..............., sheriff of said county, to be executed, and
Whereas said execution has been returned showing that, by virtue thereof, personal property of the said ..............., was sold to ..................., at the price of ............ dollars, on a credit for four and eight months, and that said .............. executed to the said sheriff his two interest bearing notes dated on the ............... day of ..........., 19 ....., payable as aforesaid, with ........., as surety, and
Whereas the note falling due on the ......... day of ..........., 19 ....., has, by said sheriff, been returned to this office unsatisfied, and it appearing therefrom that the principal and interest remaining due and unpaid amounts to ........... dollars.
Now, therefore, in pursuance of the statute in such cases made and provided, it is ordered that ..............., sheriff, do recover of ............... and ..............., the sum of ........ dollars.
Given under my hand this ......... day of ............, 19 .....
Clerk.
Structure West Virginia Code
§38-4-1. Executions Against Corporations
§38-4-2. Executions on Joint Judgments
§38-4-3. Execution for Benefit of Person Other Than Plaintiff
§38-4-4. Writs of Possession and Fieri Facias on Judgments for Specific Property
§38-4-5. Execution or Fieri Facias on Money Judgment
§38-4-6. On What Fieri Facias May Be Levied
§38-4-7. How Currency or Bank Notes Shall Be Accounted For
§38-4-8. Commencement and Duration of Lien of Fieri Facias
§38-4-10. Docketing as Constructive Notice
§38-4-11. Docketing of Execution
§38-4-12. Exemption From Execution
§38-4-13. Indorsement of Time of Receipt by Officer; Penalty for Failure to Indorse
§38-4-14. Order of Levy and Satisfaction of Several Writs
§38-4-15. Rules Concerning Distress or Levy
§38-4-16. Officer's Return Upon Fieri Facias
§38-4-17. Resale Upon Default of Purchaser
§38-4-18. Writ of Venditioni Exponas; Notice of Sale
§38-4-19. Proceeding in Case of Death of Officer Before Sale
§38-4-22. Appraisal Before Sale
§38-4-23. Method and Terms of Sale of Appraised Property
§38-4-24. Payments on Purchase Money Notes
§38-4-25. Judgment on Defaulted Purchase Money Notes
§38-4-26. Form of Judgment on Notes
§38-4-28. Liability of Officer for Money Received Under Execution Payable to Nonresident of County
§38-4-29. Successive Executions
§38-4-31. Motion to Quash Execution
§38-4-32. Limitation on Motion for Failure to Return Execution