If there be no issue of fact tried in the cause, and judgment is to be rendered for the plaintiff on demurrer, default, or otherwise, such damages shall be assessed by the court, unless either party shall move to have them assessed by a jury, or the court shall think proper to have them so assessed, in which case a jury shall be impaneled to assess them.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
§55-4-1. When Ejectment a Proper Remedy
§55-4-3. Interest of Plaintiff
§55-4-7. Joinder of Parties Plaintiff
§55-4-8. Service of Declaration and Notice; Order of Publication
§55-4-9. Rule to Plead; Default Judgment
§55-4-10. Plea or Demurrer; Issue on Plea; Evidence Admissible
§55-4-11. Equitable Title of Vendee as Defense
§55-4-12. Payment or Performance by Mortgagor as Defense
§55-4-13. Notice of Equitable Defense; Resort to Equity Not Barred
§55-4-14. Consent Rules Not to Be Used; What Plaintiff Must Prove Generally
§55-4-15. What Plaintiff Must Prove Against Cotenant
§55-4-16. Extent of Possession Under Patent, Deed or Other Writing
§55-4-17. Verdict as to Parties
§55-4-18. Verdict as to Premises
§55-4-19. Judgment; Assignment of Dower
§55-4-20. Change in Plaintiff's Right Pending Action; Additional Party Plaintiff
§55-4-21. Mesne Profits and Damages
§55-4-22. How Damages Assessed
§55-4-23. Claim for Improvements
§55-4-24. Balance as Between Damages and Improvements
§55-4-25. Postponing Assessment of Damages and Allowance for Improvements
§55-4-27. Effect of Judgment as to Persons Under Disability
§55-4-28. Right to Recover Mesne Profits and Damages Against Person Other Than Defendant
§55-4-29. Default or Surrender by Tenant for Life
§55-4-30. Right of Entry Not Tolled by Descent Cast
§55-4-31. Petition for Ascertainment and Designation of Boundary Line or Lines of Real Estate