On affidavit that a defendant is a foreign corporation for which no statutory attorney-in-fact, officer, director or agent is found in this state upon whom service may be had, or is not a resident of this state, or that diligence has been used by or on behalf of the plaintiff to ascertain in what county he is, without effect, or that process, directed to the officer of the county in which he resides or is, has twice been delivered to such officer more than ten days before the return day, and been returned without being executed, an order of publication may be entered against such defendant. And in any suit in equity, where the bill states that there are or may be persons interested in the subject to be divided or disposed of, whose names are unknown, and makes such persons defendants by the general description of parties unknown, on affidavit of the fact that such parties are unknown, an order of publication may be entered against such unknown parties. Any order of publication under this section may be entered either in court or by the clerk at any time. In a proceeding by petition, there may be an order of publication in like manner as in a suit in equity.
Structure West Virginia Code
Chapter 56. Pleading and Practice
Article 3. Writs, Process and Order of Publication
§56-3-2a. Actions for Breach of Promise to Marry and for Alienation of Affections Prohibited
§56-3-3. Forms of Writs and Other Process
§56-3-4. Issuance of Process; Alteration
§56-3-5. To Whom Process Directed; Return of Process; Return of Summons for Witness
§56-3-7. Officer's Receipt of Process
§56-3-8. Proof of Mailing Process to Officer
§56-3-9. Service in Other County; Return
§56-3-10. Clerk's Receipt of Process Sent by Mail; Postage Due
§56-3-13. Service of Process or Notice on Domestic Corporations
§56-3-14. Service of Process or Notice on Foreign Corporations
§56-3-15. Service of Process or Notice on Common Carriers Other Than Corporations
§56-3-16. Execution of Process on Sunday
§56-3-17. Where Process May Be Executed
§56-3-18. When Officer May Summon Assistance; Failure to Assist
§56-3-19. Officer's Service and Return of Process; Failure to Make Proper Return; False Return
§56-3-20. Further Liability for Failure to Make Proper Return
§56-3-22. Judgment on Return Nihil
§56-3-23. Service by Publication Generally
§56-3-24. Contents of Order of Publication; Publishing
§56-3-25. Failure to Appear in Response to Publication; Trial or Hearing
§56-3-26. Rehearing in Case of Nonpersonal Service
§56-3-27. Order of Publication in Supreme Court of Appeals
§56-3-28. Requisites of Publication in Supreme Court of Appeals
§56-3-29. Rehearing in Supreme Court of Appeals