In every action or motion in which a decedent, if living, could be joined as defendant with another or others under section seven of this article, his personal representative may be joined with him or them, or with the personal representative of any one or more of them. In every such case in which a judgment is rendered against a personal representative, alone or jointly with another or others, such judgment, as to such representative, shall affect only the estate of his decedent, and shall, as to such estate, have the same force and effect as if rendered in an action in which such representative is sued alone. But nothing in this section shall prevent a plaintiff, at his election, from proceeding separately against the representative of any decedent.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 8. Actions on Contracts
§55-8-1. Jurisdiction in Proceedings on Penal Bonds
§55-8-2. Action of Debt or Assumpsit on Note or Writing; Action of Debt for Any Past-Due Installment
§55-8-3. Action of Assumpsit for Breach of Contract
§55-8-4. General Issue in Debt or Assumpsit on Sealed Instrument
§55-8-5. Validity of Writing Payable to Person Dead at Time of Execution
§55-8-7. Action Against Makers, Drawers, Endorsers, Acceptors, Assignors or Absolute Guarantors
§55-8-9. Action by Assignee in Own Name; Defenses and Setoff; Joinder of Claims
§55-8-10. Assignee Entitled to Recover From Assignor; Defenses Allowed
§55-8-11. Limitation on Jurisdiction of Equity as to Suit by Assignee
§55-8-12. Third Party May Sue on Covenant or Promise Made for His Sole Benefit