In an action or motion on such bond, when it is taken under a distress warrant, the defendants may make defense on the ground that the distress was for rent not due in whole or in part, or was otherwise illegal.
Structure West Virginia Code
§38-6-1. Bond to Indemnify Officer Making Levy
§38-6-2. Effect of Giving, or of Refusal to Give, Bond; Return of Bond to Clerk's Office
§38-6-3. Suspending Bond; Settling Claimant's Title; How Suits on Bonds Prosecuted
§38-6-4. Procedure for Determination of Conflicting Claims to Property Levied On
§38-6-5. Order of Sale Pending Determination of Rights
§38-6-6. Disposition of Surplus Proceeds
§38-6-8. Sale of Perishable Property or Property Expensive to Keep
§38-6-9. Levy on Additional Property
§38-6-10. Enforcement of Forthcoming Bond
§38-6-11. Action or Motion on Forthcoming Bond; Enforcement of Original Judgment
§38-6-12. Defenses to Bond Taken Under Distress Warrant
§38-6-13. Remedies on Quashing of Forthcoming Bond
§38-6-14. Forthcoming Bonds Forbidden in Certain Cases
§38-6-15. Indorsement on Execution Forbidding Forthcoming Bond